§ 15-27 Conduct of Hearings.
RCNY § 15-27
(a)Public Access to Hearings. Hearings are generally open to the public. If good cause is shown by either party, the Hearing Officer may exclude the public from a particular hearing or portion of a hearing. Additionally, the public may be excluded at the Hearing Officer's discretion.
(b)General Provisions.
(1)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.
(2)Licensees shall appear and testify at the hearing. They may submit evidence relevant to the matter under consideration. If a licensee fails to testify an adverse inference may be drawn against him or her by the Hearing Officer.
(3)Any licensee 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. The Hearing Officer shall issue administrative subpoenas to necessary individuals and may issue administrative subpoenas upon request by a party.
(4)No ex parte communications relating to other than ministerial matters regarding a proceeding shall be received by a Hearing Officer, including internal agency directives not published as rules.
(c)Disposition by Settlement. Informal disposition may be made of any matter which is the subject of an adjudication by means of stipulation, agreed settlement or consent order.
(d)Transcripts. Audio of all hearings shall be recorded. A transcript of the hearing may be ordered by any party to the hearing. The transcript shall be provided upon payment of reasonable transcription costs. (Amended City Record 12/6/2024, eff. 1/5/2025)
