§ 10-03 Hearing Officials.
RCNY § 10-03
(a)Public hearing. Hearings are generally open to the public except that if good cause is shown by either party, the Hearing Officer may exclude the public from a particular hearing or portion of a hearing.
(b)Presiding officer. The hearing shall be presided over by an employee of the New York City Police Department who shall be known as the Hearing Officer. The Hearing Officer serves both as impartial examiner and impartial judge and has the duty to conduct fair and impartial hearings, to take all necessary action to avoid delay in the disposition of the proceedings, and to maintain order. Hearing Officers shall be assigned solely to adjudicative and related duties. It is the duty of each Hearing Officer to inquire fully into all matters in issue and to obtain a full and complete record which shall constitute a recommendation to the Commissioner. The Commissioner shall make the final decision. The Hearing Officer has all powers necessary to this end, including: (1) To administer oaths and affirmations; (2) To rule upon offers of proof and to receive evidence; (3) To regulate the course of hearings and the conduct of the parties and their counsel; (4) To hold conferences, both on and off the record, for settlements, simplification of issues, or any other proper purpose.
(c)Trial attorney. An individual designated by the Police Commissioner shall present the evidence supporting the existence of a public nuisance.
