N.Y. Comp. Codes R. & Regs. tit. 9 § 6218.2

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

Section 6218.2 - Hearing officers; generally

(a) Adjudicatory proceedings shall be presided over by a hearing officer.

(b) Hearing officers shall be appointed by majority vote of the State Board pursuant to section 3-104 of the Election Law.

(c) Hearing officers shall be duly admitted to practice law in New York in good standing and shall possess such other qualifications as the State Board may require.

(d) A hearing officer shall be assigned randomly to a particular enforcement matter in accordance with section 3-104 of the Election Law. Such random assignment process shall be administered by the co-executive directors or their designees and shall occur upon each request by the chief enforcement counsel. For each assignment request, all approved hearing officers shall be randomly listed, and the assignment shall be offered in the order of the list until an available hearing officer shall accept the assignment.

(e) Hearing officers shall exercise, to the extent consistent with the Election Law and the rules, regulations and opinions of the State Board, the powers and obligations of presiding officers as defined by the State Administrative Procedure Act (SAPA), in addition to such other powers and obligations as the Election Law and this Part shall provide.

(f) A hearing officer's remuneration, working conditions case assignments, discipline or removal, shall not be based in any way on how a hearing officer's rulings, decisions or other actions favor or disfavor any party. There shall not be established any quotas or similar expectations for any hearing officer that relate in any way to how the hearing officer's rulings, decisions or other actions favor or disfavor the chief enforcement counsel of the State Board or any other party.

(g) In any pending adjudicatory proceeding, the hearing officer may not be ordered or otherwise directed to make any particular finding of fact, to reach any particular conclusion of law, or to make or recommend any specific disposition of a charge, allegation, question or issue by any party or other person.

(h) Unless otherwise authorized by law, a hearing officer shall not communicate in connection with any issue that relates in any way to the merits of an adjudicatory proceeding pending before such officer with any person except upon notice and opportunity for all parties to participate. A hearing officer may, however, communicate with staff of the State Board as expressly permitted by subdivision 2 of section 307 of the State Administrative Procedure Act.

(i) A hearing officer shall not participate in any proceeding to which he or she is a party; in which he or she has been attorney, counsel or representative; in which he or she is interested; or if he or she is related by consanguinity or affinity to any party to the controversy. A hearing officer shall recuse him or herself from any case in which he or she believes that there is, or there may be perceived to be, a conflict of interest or colorable question as to his or her impartiality.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 6218.2

Adopted New York State Register November 10, 2015/Volume XXXVII, Issue 45, eff. 11/10/2015