N.Y. Comp. Codes R. & Regs. tit. 9 § 8005.4

Current through Register Vol. 46, No. 51, December 18, 2024

Section 8005.4 - Presiding Officers at Preliminary Revocation Hearings

(a) Presiding officers at preliminary revocation hearings shall be preliminary hearing officers or administrative law judges, as defined in subdivisions (j) and (k) of section 8000.2 of this Title.

(b) A preliminary hearing officer shall have had no prior supervisory involvement with the alleged violator.

(c) Presiding officers at preliminary hearings are authorized to:

(1) administer oaths and affirmations;

(2) sign and issue subpoenas and subpoenas duces tecum, as regulated by the Civil Practice Law and Rules; and

(3) conduct preliminary hearings and provide for adjournments thereof.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 8005.4

Amended New York State Register May 3, 2023/Volume XLV, Issue 18, eff. 5/3/2023