N.Y. Comp. Codes R. & Regs. Tit. 18 §§ 358-5.13

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

Section 358-5.13 - Video Hearings

(a) OAH may provide that a fair hearing held pursuant to this Part be conducted by means of video equipment. When a hearing is conducted us- ing video equipment, the parties and the hearing officer need not be physi- cally present at the same location.

(b) All provisions of this Part, which are not inconsistent with the specific provisions of this section, shall apply to hearings conducted using video equipment.

(c) An appellant who objects to OAH conducting the fair hearing by video equipment should notify OAH at the earliest possible opportunity before the time set for the hearing, but no later than at the commencement of the hearing. The request must be made in writing, in person, by video equipment, or by telephone.

(d) A fair hearing, with the appellant and the hearing officer physically present at the same location, will be held in the following circumstances:

(1) when, in the judgment of OAH, an appellant's due process rights would best be served by conducting a hearing in-person; or

(2) when, in the judgment of OAH, there are circumstances presented by the appellant which make proceeding with the hearing by video equip- ment fundamentally unfair.

N.Y. Comp. Codes R. & Regs. Tit. 18 §§ 358-5.13

Adopted New York State Register December 16, 2015/Volume XXXVII, Issue 50, eff. 12/16/2015