N.Y. Comp. Codes R. & Regs. Tit. 20 §§ 8187-1.3

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

Section 8187-1.3 - Conduct of adjudicatory proceedings, generally

(a) The hearing officer shall have the power to:

(1) administer oaths and affirmations;

(2) rule upon the admission of evidence and motions, consistent with the provisions of this Subpart;

(3) issue subpoenas requiring the attendance of witnesses and the production of books, documents and other records;

(4) rule upon requests for adjournments and continuances consistent with the provisions of this Subpart; and

(5) do any other act or take any other measure consistent with the provisions of this Subpart necessary for the maintenance of order and to ensure the efficient and fair conduct of the hearing.

(b) The hearing officer shall not have the power to dismiss any charge or proceeding.

(c) ORPTS and any respondent may present evidence, and cross-examine witnesses who testify at the hearing.

(d) All testimony shall be made under oath and a verbatim record of the hearing shall be made.

(e) Opening statements and closing arguments shall be allowed and shall be part of the hearing record, provided that the hearing officer may reasonably limit the length of such statements and arguments.

(f) The technical or formal rules of procedure shall not apply to proceedings conducted pursuant to this Subpart.

(g) The format of the hearing shall be that after opening statements, if any, ORPTS shall present its evidence and the respondent shall then have the opportunity to present evidence. Prior to the closing of the hearing, any party shall have the right to present further evidence provided it is relevant to the proceeding. The hearing officer may take testimony out of order where good cause exists for such action.

(h) In any proceeding, ORPTS shall carry the burden of proof relating to matters asserted. In any proceeding concerning the failure of an assessor, county director of real property tax services, or other local government employee to complete the training required by Part 8188 of this Title, the respondent may present an affirmative defense showing that the failure to complete the training was due to reasons beyond his or her control.

N.Y. Comp. Codes R. & Regs. Tit. 20 §§ 8187-1.3