§ 1-27 Hearings.
RCNY § 1-27
(a)All parties will be afforded an opportunity for a hearing within a reasonable time. The Executive Director will determine whether an informal conference or a hearing will be conducted before a Loft Board staff member or before an Administrative Law Judge at the OATH Trials Division.
(b)The Loft Board will provide at least fifteen (15) days' notice of a scheduled hearing to the applicant and all Affected Parties who have filed an answer. The notice of hearing must include a statement of the nature of the proceeding and time and place where it will be held, the legal authority and jurisdiction under which the hearing is to be held, a reference to the particular sections of law and rules involved, and a short and plain statement of the matters to be adjudicated.
(c)All hearings will be conducted in accordance with procedures stated in these rules. Formal rules of evidence do not apply to such hearings, except rules of privilege recognized by law. At the hearing, the parties may be represented by counsel or by a duly authorized representative, request that a subpoena be issued, call witnesses, cross-examine opposing witnesses and present oral and written arguments on the law and the facts.
(d)All hearings must be electronically recorded, and a duplication of the recording or transcript of the proceedings must be available to any party upon request and agreement to pay the fee assessed for the duplication.
(e)OATH Hearings. Where OATH conducts a hearing, and Loft Board rules conflict with OATH's procedural rules, OATH's procedural rules or practices will apply unless otherwise provided by state law. Where there is no OATH rule or practice regarding a procedural issue, the Loft Board's rules will apply. However, notices for scheduled hearings must be sent in accordance with 29 RCNY § 1-27(b).
(f)Hearings conducted by Loft Board staff member. Where a hearing is conducted by a Loft Board staff member, such staff member may take testimony under oath, consider affidavits and other evidence, submit recommended findings of fact and a recommended decision to the Loft Board, and perform such other duties appropriate or necessary to carry out his or her duties as an Adjudicator. While performing such adjudicative duties, such staff member must not perform any other duties for or on behalf of the Loft Board that could create a conflict of interest or impair his or her ability to impartially carry out his or her adjudicative duties. (Added City Record 3/1/2023, eff. 3/31/2023)
