§ 10-05 Conduct of Hearings.
RCNY § 10-05
(a)General provisions. The Hearing Officer shall rule upon matters of procedure and introduction of evidence and shall conduct the hearing in such manner as will best serve the attainment of justice.
(1)Any person who is entitled to notice pursuant to these Regulations may appear and be heard in person or by a duly appointed representative and may produce, under oath, evidence relevant and material to the matter under consideration.
(2)Any such person may be represented by an attorney who is a member in good standing of the Bar of the State of New York.
(3)Any person desiring to subpoena a witness, document or other evidence may do so in the manner provided for in the New York Civil Practice Law and Rules. In appropriate instances the Hearing Officer can request the issuance of an administrative subpoena pursuant to § 14-137 of the Administrative Code of the City of New York.
(4)Record. A record of all proceedings shall be made by either stenographic transcription or electronic recording device. Typewritten copies thereof may be ordered by the parties at their own cost.
(5)No ex parte communications relating to other than ministerial matters regarding a proceeding shall be received by a Hearing Officer.
(b)Evidence/proof. All parties have the right to call witnesses, to conduct examinations, including cross-examination, to present evidence, and to make objections, motions and arguments.
(ii)cross-examination of such witnesses; (iii) testimony by the respondent(s) or their witnesses in defense and explanation; and (iv) cross-examination of the respondent(s) and witnesses. The Hearing Officer may, in his discretion, change the order of proof where the circumstances so warrant.
(iii)Reopening of hearing for presentation of new or additional evidence. Upon due application prior to the final determination, the hearing may be reopened for the presentation of new or additional evidence. The Department may, on its own motion, reopen a hearing for the presentation of additional evidence.
(6)Oral arguments only before Hearing Officer. Oral argument may be made only before the Hearing Officer. Such oral argument may be curtailed or limited in the Hearing Officer's discretion and is to be included in the record.
(c)Motions and adjournment.
