N.Y. Comp. Codes R. & Regs. tit. 20 § 3000.14

Current through Register Vol. 46, No. 50, December 11, 2024

Section 3000.14 - Hearing memorandum

(a) General. Each party shall prepare a hearing memorandum on a form prescribed by the supervising administrative law judge and shall submit copies of the same with all attachments to the supervising administrative law judge and to the opposing party not less than 10 days before the hearing date specified in the hearing notice.

(b) Contents. The hearing memorandum shall contain the following information:

(1) a list of all witnesses to be called to testify and a very brief summary of the anticipated testimony of such witnesses;

(2) a list of all exhibits to be introduced at hearing;

(3) a brief statement of the issues being contested;

(4) a statement of the legal authorities relied on; and

(5) if the parties have reached stipulation on any facts, a copy of the stipulation.

(c) Amendment. If, after filing a hearing memorandum, a party determines to rely on other witnesses or evidence, the party shall amend its hearing memorandum as soon as practicable.

(d) Failure to comply.

(1) Upon a finding that a party has failed to make a good faith effort to comply with the requirements of this section, the administrative law judge may preclude the testimony of witnesses or introduction of evidence not included in the hearing memorandum.

(2) Documents and testimony introduced only for purposes of rebuttal or to impeach a witness may be allowed without inclusion on the hearing memorandum.

N.Y. Comp. Codes R. & Regs. Tit. 20 § 3000.14