N.Y. Comp. Codes R. & Regs. tit. 5 § 13.12

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

Section 13.12 - The hearing

(a) Appearances.

(1) A party may appear in person or by an attorney. If a party appears by an attorney, service of papers shall be made upon the attorney.

(2) Any person appearing on behalf of a party in a representative capacity may be required to demonstrate authority to act in such capacity.

(3) If a party fails to appear at the hearing, issues on which the absent party has the burden of proof may be resolved against that party.

(4) At any time before a report is submitted to the administrative tribunal, the hearing officer may open a default or relieve any part of the consequences of any default upon good cause shown.

(b) Conduct of hearing and evidence.

(1) Each witness shall be sworn or give an affirmation.

(2) The rules of evidence need not be observed.

(3) Each party shall have the right to present evidence and to cross-examine witnesses.

(4) All evidence presented shall be made a part of the record. All such documentary evidence may be received in the form of copies or excerpts or by incorporation by reference. In the case of incorporation by reference, the materials so incorporated shall be available for examination by the parties before being received into evidence.

(5) The petitioner has the burden of proof and of going forward.

(c) Record.

(1) A verbatim record of the proceedings shall be made by whatever means the Commissioner of Economic Development deems appropriate.

(2) The record of the hearing shall include: the notice of hearing, responsive pleadings, motions and requests and objections, and rulings thereon, the transcript or recording of the testimony taken at the hearing, exhibits, stipulations, if any, and any decision, determination, opinion, order or report rendered.

N.Y. Comp. Codes R. & Regs. Tit. 5 § 13.12