N.Y. Comp. Codes R. & Regs. tit. 18 § 493.9

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

Section 493.9 - Who may be present at hearing; authorized representative

(a) The operator, the operator's representative or representatives, the operator's counsel, counsel for or other representatives of the department, witnesses of both parties, any person who may be called by the hearing officer and any other person, including members of the media, may be present at the hearing. Upon his or her own motion, or upon the motion of either party, the hearing officer may exclude the general public, including members of the media. Such exclusion may only be made for compelling reasons, such as ensuring the orderly conduct of the hearing, and may only be made after the person or persons to be excluded have an opportunity to be heard. Upon his or her own motion, or upon the motion of either party, the hearing officer may exclude potential witnesses from the hearing during the testimony of other witnesses.

(b) An operator may be represented at a hearing by an attorney or by someone who is not an attorney if that individual has written authorization from the operator. The authorization must be submitted to the hearing officer and become part of the record.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 493.9