N.Y. Comp. Codes R. & Regs. tit. 9 § 9740.3

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

Section 9740.3 - Scheduling and adjourning the hearing

(a) The hearing shall be held at a time and place convenient to the appellant as far as practicable, taking into account circumstances such as the physical inability of the applicant to travel to the regular hearing location.

(b) Upon request, an appellant or the contractor may have the fair hearing rescheduled to another date upon a showing of good cause.

(c) The hearing officer may adjourn the hearing when he/she believes that due process rights of an appellant would best be served by adjourning the fair hearing or if there are special circumstances which make proceeding with the case fundamentally unfair.

(d) Requests to adjourn a fair hearing made prior to the date of the fair hearing must be made to the department in accordance with the instructions in the notice of fair hearing. Requests for adjournments made on the day of the fair hearing must be made on the record to the hearing officer.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 9740.3