N.Y. Comp. Codes R. & Regs. Tit. 20 §§ 8187-1.9

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

Section 8187-1.9 - Evidence, generally

(a) All witnesses shall testify under oath.

(b) Where a respondent is not represented by an attorney he may testify in narrative form.

(c) All witnesses are subject to cross-examination.

(d) Common law and statutory rules of evidence shall not apply in proceedings conducted pursuant to this Subpart, however, recognized rules of privilege shall be given effect. The weight accorded evidence shall be in the discretion of the hearing officer.

(e) The hearing officer may limit repetitious, corroborative, irrelevant or cumulative testimony.

(f) Official notice may be taken of all facts of which judicial notice could be taken and of other facts within the specialized knowledge of ORPTS.

(g) Any evidence consisting of records or other documentary material of ORPTS or a municipal corporation shall be admitted into evidence when offered. Any such material may be in the form of copies photocopies, facsimile copies or excerpts.

(h) Any chart, tabulation or similar data offered in evidence at the hearing shall, upon a showing of relevancy and materiality, be admitted into evidence.

N.Y. Comp. Codes R. & Regs. Tit. 20 §§ 8187-1.9