§ 1-47 Evidence Pertaining to Penalty or Relief.
RCNY § 1-47
(a)A separate trial will not be held as to the penalty to be imposed or the relief to be granted in the event that the petition is sustained in whole or in part.
(b)In the event that a personnel file, abstract of a personnel file, driver record, owner record, or other similar or analogous file is not admitted into evidence at the trial on the merits, the administrative law judge, upon determining that the petition will be sustained in whole or in part, may request that the petitioner forward such file or record to the administrative law judge for consideration relative to penalty or relief. That request may be conveyed to the petitioner or the petitioner's representative ex parte and without further notice to the respondent. The petitioner must forward only the requested file or record, without accompanying material, and such file or record must include only material which is available from the petitioner for inspection by the respondent as of right. In his or her report and recommendation, the administrative law judge will refer to any material from such file or record relied on in formulating the recommendation as to penalty or other relief. (Amended City Record 7/8/2016, eff. 8/7/2016)
