§ 11-04 Taylor Law Hearings.
RCNY § 11-04
(a)All hearings conducted pursuant to § 210.2(g) of the New York Civil Service Law shall be subject to the following rules.
(b)Notice. All persons who are entitled to a Taylor Law Hearing shall receive a notice that shall contain the following provisions: (1) a statement of the legal and jurisdictional authority for a hearing; (2) a statement of the pertinent legal and regulatory sections at issue; (3) a statement of the employee's right to object to a determination of a Taylor Law violation; (4) a statement of the nature of the proceeding and the particular matter to be adjudicated; (5) a statement of the date(s) a Taylor Law violation was committed; (6) a statement of potential penalties that may be assessed; (7) a statement that the employee is entitled to representation by counsel or a union representative.
(c)The notice shall be served personally or by certified mail addressed to the last address the employee has filed with his or her agency's personnel office.
(d)Where a hearing is required pursuant to § 210.2(g) of the New York Civil Service Law, the employee shall receive further notice of the time and place of the hearing.
(e)Hearing. Where an employee requests that a hearing pursuant to § 210.2(g) of the New York Civil Service Law, be held, such a hearing shall be held within a reasonable time. The hearing shall be conducted by a Hearing Officer assigned exclusively to perform adjudicative and related duties for the Department of Citywide Administrative Services, or by a designee of the Department who is authorized in writing by the Commissioner of Citywide Administrative Services to conduct hearings pursuant to the Taylor Law. Administrative Law Judges from OATH may be designated as Hearing Officers authorized by the Commissioner of Citywide Administrative Services to conduct hearings pursuant to the Taylor Law.
(1)At the hearing, the employee shall be entitled to: be represented by counsel or union representative; call witnesses and cross-examine opposing witnesses; present oral and written arguments on the law and facts; issue subpoenas or request that a subpoena be issued, requiring attendance and the giving of testimony and/or the production of books, papers, documents, and other evidence. The issuance of subpoenas shall be governed by the New York Civil Practice Law and Rules.
(2)Adherence to the formal rules of evidence is not required. Objections may be made to evidence, including testimony, and shall be noted in the record.
(3)There shall be no ex parte communications between a party and the hearing officer.
(4)The hearing shall be transcribed or recorded. Upon request, a copy of the transcript or record, or any part thereof. shall be made available and a copy shall be provided at reasonable cost.
(f)Burden of proof. The employee shall bear the burden of proof at the hearing in accordance with Civil Service Law § 210.2(g).
(g)Findings of fact. In all hearings conducted by the Department or a designee of the Commissioner of Citywide Administrative Services, the Hearing Officer shall make findings of fact and determine whether the employee has established that he or she did not violate Section 210 of the New York Civil Service Law. These findings and the determination shall be in writing and delivered to the Commissioner of Citywide Administrative Services within a reasonable time following the conclusion of the hearing. The Commissioner of Citywide Administrative Services shall then notify the employee of the Hearing Officer's findings and determination.
(h)Appeals. The determination of the hearing officer may be appealed by any party by bringing a proceeding pursuant to Article 78 of the New York Civil Practice Law and Rules.
