§ 32-02 Hearing Procedures.
RCNY § 32-02
(a)The Hearing Procedures in this 15 RCNY § 32-02 shall apply to the hearings referred to in 15 RCNY § 32-01.
(b)Hearing procedures.
(1)All parties shall be given reasonable notice of the hearing, including a statement of the nature of the proceeding and the time and place it will be held, a statement of the legal authority and jurisdiction under which the hearing is to be held, and a reference to the particular section of the law and rules involved, and a short statement of the matters to be heard, including reference to the particular law and rules involved.
(2)The party who initiated the Proceeding has the burden of proving the facts claimed by a preponderance of the relevant evidence.
(3)All parties shall be afforded due process of law, including the opportunity to be represented by counsel, to issue subpoenas or request that subpoenas be issued to call witnesses, to examine and cross-examine witnesses, to make factual or legal arguments orally or in writing, to present evidence in support of their claims and to have other rights essential for due process and a fair hearing.
(4)Testimony given and other proceedings had at a hearing shall be recorded verbatim. For this purpose, the Department may use whatever means it deems appropriate, including but not limited to the use of stenographic transcriptions or recording devices.
(i)Depending on the means used, a copy of the Department's transcription may be available at reasonable cost to the parties.
(ii)When such a copy will not be available, the parties may arrange for a transcript at their own expense.
(5)Translation services shall be made available for all hearings held under this chapter except for hearings regarding the possible suspension or revocation of an asbestos handler supervisor certificate or an asbestos investigator certificate, which shall be held in English only.
(c)Hearing officer.
(d)Final determination.
