§ 1-12 Hearings Before Administrative Law Judges.
RCNY § 1-12
(a)Notice.
(1)After issue is joined (see 20 RCNY § 1-04), the chief administrative law judge unit shall schedule the controversy for a conference as provided in subdivision (d) of 20 RCNY § 1-04.
(2)The parties shall be given at least 30 days' notice of the first hearing date, and at least 10 days' notice of any adjourned or continued hearing date unless the parties agree otherwise with the consent of the administrative law judge. A request by any party for a preference in scheduling will be honored to the extent possible.
(b)Adjournment; default.
(3)Upon written application to the chief administrative law judge, a default determination may be vacated where the party shows a reasonable excuse for the default and a meritorious case.
(c)Administrative law judge. The hearing shall be conducted by an administrative law judge who is authorized to: (1) administer oaths and affirmations; (2) sign and issue subpoenas as provided in 20 RCNY § 1-08; (3) regulate the course of the hearings, set the time and place for continued hearings, and fix the time for filing of legal memoranda and other documents; (4) rule upon questions of evidence; such rulings shall be deemed incorporated in the administrative law judge's determination for purposes of review by the tribunal commissioners; and (5) render determinations after hearings.
(d)Conduct of hearing.
(4)The burden of proof shall be upon the party seeking relief as to each issue, except as otherwise provided by law.
(5)After the parties have completed the submission of the evidence, they may orally argue the applicability of the law to the facts. If the parties also wish to submit briefs, they may do so. Such briefs shall be filed under the following schedule in the absence of any different direction by the administrative law judge: (i) the opening brief by the petitioner is due within 45 days of the conclusion of the hearing or the submission without hearing; (ii) the answering brief by the commissioner of finance within 30 days thereafter; and (iii) upon application to the administrative law judge, additional briefs may be filed by the parties based on a schedule determined by the administrative law judge. Each party shall serve a copy of its briefs on the other party. The parties may also submit proposed findings of fact and conclusions of law. The proposed findings of fact shall refer whenever possible to the relevant pages of the transcript of hearing and exhibits. A request for extension of time for filing any brief may be made to the administrative law judge prior to the due date and shall recite that the moving party has advised the other party and whether the other party objects to the motion. Delinquent briefs may be rejected by the administrative law judge.
(6)The hearing shall be stenographically reported. A transcript thereof shall be made available for examination at the offices of the tribunal or may be purchased pursuant to 20 RCNY § 1-16. If either party deems the transcript to be inaccurate in any material respect, the party shall promptly notify the administrative law judge and the other party, setting forth specifically the alleged inaccuracies. The administrative law judge shall specify the corrections to be made in the transcript, and such corrections shall be made a part of the record.
(e)Determination.
(f)Assignment of another administrative law judge. Whenever it becomes impractical for an administrative law judge to continue the hearing, another administrative law judge may be assigned to continue with the case, unless it is shown that substantial prejudice to a party will result therefrom.
