N.Y. Comp. Codes R. & Regs. tit. 9 § 9977.17

Current through Register Vol. 46, No. 50, December 11, 2024

Section 9977.17 - Record of hearing or proceeding

(a) The record in hearings or proceedings under these rules shall include:

(1) all notices, pleadings, motions, and intermediate rulings;

(2) evidence presented;

(3) a statement of matters officially noticed, except matters so obvious that a statement of them would serve no useful purpose;

(4) questions and offers of proof, objections thereto, and rulings thereon;

(5) proposed findings and exceptions, if any;

(6) any findings of fact, conclusions of law, or other recommendations made by the hearing officer; and

(7) any decision, determination, opinion, order, or report rendered.

(b) The commission shall make a complete record of all hearings and proceedings conducted before it. For this purpose, unless otherwise required by statute, the commission may use whatever means it deems appropriate, including but not limited to the use of stenographic transcriptions or electronic recording devices. Within a reasonable time after the commission gives notice of its decision, determination, opinion, or order, but before commencement of judicial review, any party to the hearing or proceeding may request the commission to prepare the record or any part thereof, together with any transcript of the hearing or proceeding or any part thereof. The commission shall then prepare the requested portions of the record and transcript within a reasonable time and furnish a copy to the requesting party. Except when any statute provides otherwise, the commission shall charge the reasonable cost of preparing and furnishing the requested portions of the record and transcript.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 9977.17