N.Y. Comp. Codes R. & Regs. tit. 18 § 343.10

Current through Register Vol. 46, No. 45, November 2, 2024

Section 343.10 - Conduct of hearing-rights of parties

(a) The hearing officer shall preside and shall make all procedural rulings. He shall make an opening statement describing the nature of the proceedings, the issues and the manner in which the hearing will be conducted.

(b) The rules of evidence as applied in a court of law shall not apply, except that privileges recognized by law will be given effect. The hearing officer may exclude testimony or other evidence which is irrelevant or unduly repetitious.

(c) All testimony shall be given under oath or affirmation.

(d) The facility shall be entitled to be represented by an attorney-at-law or other representative of its choice, to have witnesses give testimony and to otherwise present relevant and material evidence in its behalf, to cross-examine witnesses and to examine any document or item offered into evidence.

(e) The hearing shall be recorded verbatim. On request made upon the department by any party to a hearing, within a reasonable time after hearing, the department shall prepare the record together with any transcript of proceedings and shall furnish a copy of the record and transcript or any part thereof to any party as requested. The department is authorized to charge not more than its cost for the preparation and/or the rate specified in contract between the department and a contractor if the transcript is prepared by a private contractor.

(f) The hearing may be adjourned only for good cause by the hearing officer on his own motion or at the request of either party.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 343.10