N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 645-4.6

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

Section 645-4.6 - Discovery

(a) Scope. The scope of discovery shall be governed by the CPLR.

(b) Notice to produce. A party to a hearing under this Part, upon receipt of notice to produce documents and things from any other party, shall furnish all such requested items relevant to the proceeding within 10 days of receipt of such notice.

(c) Protective order. A party who is served with a notice to produce documents and things may move for a protective order within 10 days of receipt of such notice and shall specify his objections thereto. Such order may also be made by the hearing officer on his own initiative. A protective order shall be designed to avoid unnecessary delay of the hearing or to prevent unreasonable annoyance, expense, embarrassment, or prejudice to any party.

(d) Subpoenas. Consistent with the CPLR, any attorney of record in a proceeding under this Part, the commission, or any person designated by the commission for this purpose shall have the power to issue subpoenas. A party who is not represented by an attorney may request the hearing officer to issue a subpoena by submitting a petition stating the items or witnesses needed by the party to present its case.

(e) Limits on discovery. Bills of particulars shall be allowed. Depositions and written interrogatories shall only be allowed with leave of the hearing officer where the hearing officer finds their use to be in the interest of justice and where such process is likely to expedite the proceeding.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 645-4.6