N.Y. Comp. Codes R. & Regs. Tit. 20 §§ 8187-1.2

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

Section 8187-1.2 - Hearing officer

(a) A hearing officer shall conduct all proceedings held pursuant to this Part. A hearing officer may be any individual admitted to the practice of law in the State of New York and designated by the commissioner. A list of those designated hearing officers shall be on file in ORPTS and shall be available for inspection or copying in accordance with section 2370.1 of this Title. No individual who shall have previously dealt in a substantial way with the substance of the matter which is the subject of an adjudicatory proceeding shall serve as the hearing officer in such proceeding. A hearing officer shall be bound by the provisions of section 74 of the Public Officers Law.

(b) A hearing officer shall have all the powers conferred upon presiding officers by the State Administrative Procedure Act, consistent with the provisions of this Subpart.

(c) Within 30 days of the receipt of a verbatim transcript or proposed findings, if any, of a hearing, or the receipt of proposed findings, or the closing of the record as provided for in section 8187-1.13 of this Subpart, the hearing officer shall submit a report to the commissioner and to each party and any attorney representing any party. This report shall contain a notice of appearances, a summary of evidence, findings of fact, conclusions of law and recommendations to the commissioner.

(d) Assignment of non-staff hearing officers. Individuals who are designated as eligible to serve as hearing officers may be assigned by the commissioner to hear proceedings in accordance with the needs of ORPTS. In making such assignments, the commissioner may consider hearing officer competence, objectivity, fairness, productivity, diligence and temperament along with the availability of hearing officers in particular geographic areas. A hearing officer's prior findings shall not be considered in making assignments.

(e) Hearing officers shall be compensated as provided in a schedule promulgated by the department.

(f) Communication with hearing officers. No agency officer or employee, including a staff attorney assigned to a proceeding, or respondent in any proceeding, shall have any ex parte contact with a hearing officer regarding substantive issues, except contacts relating to nonsubstantive matters, such as arrangements for assignments, hearing officer contracts and the timing of the submission of hearing officer reports.

(g) A party may request the recusal of the hearing officer assigned to a proceeding by making a motion in writing, no fewer than 10 days prior to the hearing, to that hearing officer setting forth the reasons for the request. If the request is granted, the hearing officer shall set forth his decision in writing and submit a copy of that decision to all parties and the commissioner. Where the request is denied, the hearing officer shall set forth the reasons for the denial in the report prepared pursuant to subdivision (c) of this section.

N.Y. Comp. Codes R. & Regs. Tit. 20 §§ 8187-1.2