§ 1-10 Hearings.
RCNY § 1-10
(a)Definition. Board. As used in this section, the term "Board" shall mean either the Board of Collective Bargaining or the Board of Certification.
(b)Notice of hearing. Except where otherwise provided by law or these rules, the Board shall give all parties at least seven business days notice of hearings, provided that a shorter period may be stipulated by the parties or may be prescribed by the Director or the Director's designee when the circumstances so require.
(c)Conduct of hearings. Hearings shall be conducted by a trial examiner. At any time, a trial examiner may be designated to take the place of the trial examiner previously designated to conduct a hearing. Except as otherwise provided, all hearings shall be open to the public. During the course of any hearing, the trial examiner, shall have full authority to control the conduct and procedure of the hearing and the record thereof, to admit or exclude testimony or other evidence, and to rule upon all motions and objections. It shall be the duty of the trial examiner to see that a full inquiry is made into all the facts in issue and to obtain a complete record of all facts necessary for a fair determination. The trial examiner shall have the right to call and examine witnesses, to issue subpoenas as permitted by law, to direct the production of evidence and to introduce evidence into the record, except as may otherwise be limited herein.
(d)Rights of parties. In any hearing, all parties shall have the right to call, examine and cross-examine witnesses, and to introduce documentary or other evidence, subject to the rulings of the trial examiner, except as otherwise provided in these rules.
(e)Stipulations. At a hearing, stipulations may be introduced in evidence with respect to any issue, if such stipulation has been joined in by all the relevant parties.
(f)Adjournments – continuation. The trial examiner may continue a hearing from day to day or adjourn it to a later date or to a different place by announcement thereof at the hearing or by other appropriate notice.
(g)Contemptuous conduct. The refusal of a witness to answer any question which has been ruled to be proper shall, at the discretion of the trial examiner, be grounds for striking testimony previously given by such witness. Misconduct at any hearing conducted under these rules shall be grounds for summary exclusion from the hearing. Such misconduct, if of an aggravating character and engaged in by an attorney or other representative of a party, shall be grounds for suspension or disbarment from further practice before the Board or its agents after due notice and opportunity to be heard.
(h)Conclusion of proceedings. The trial examiner may permit or direct the parties to present closing statements and/or to file briefs or memoranda in a proceeding brought under 61 RCNY § 1-02, 61 RCNY § 1-07, or 61 RCNY § 1-08. The time for closing statements or filing briefs or memoranda shall be fixed by the trial examiner. Any briefs or memoranda must be filed, with proof of service, with the Board pursuant to 61 RCNY § 1-12(e).
(i)Variance between pleadings and proof. A variance between an allegation in a pleading and the proof shall not be deemed material unless it is so substantial as to be misleading. If a variance is not material, the trial examiner may admit such proof and the facts may be found accordingly. A party may move to amend a pleading to conform to the evidence in accordance with 61 RCNY § 1-07(c)(7).
(j)Motions and objections during the hearing. The trial examiner shall have the discretion to decide all motions and objections made at the hearing and to decide whether an oral motion should be reduced to writing and submitted to the Board. All such motions and objections and the rulings and orders thereon shall be made part of the record.
(k)Appeal of trial examiner's rulings. Unless expressly authorized by the Director, the Board shall not entertain appeals from a trial examiner's rulings prior to the Board's consideration of the entire record for decision. Appeals from a trial examiner's rulings shall be made in writing upon notice to the other parties after the close of the hearing and may be included in post-hearing briefs, if so filed.
(l)Reopening of hearing prior to issuance of Board decision. Motions for leave to reopen a hearing because of newly discovered evidence shall be promptly made. The Board, in its discretion or on its own motion, may reopen a hearing and take further testimony.
(m)Objections – waiver. An objection not duly made at a hearing shall be deemed waived unless the failure to raise such objection should be excused because of extraordinary circumstances. (Amended City Record 10/24/2018, eff. 11/23/2018)
