§ 39-08 Hearings.
RCNY § 39-08
(a)Location of hearings.
(1)Hearings may be held or payments made at any locations designated by the Director.
(2)The Director, in their discretion, may establish such special purpose hearing parts, and at such locations as deemed necessary.
(b)Time schedule for hearings.
(3)The Director, in their discretion, may determine for such hearing parts whether such hearing is conducted in-person or via another method, in order to meet the needs of the Bureau based on considerations of due process, efficiency, workload, staffing and other resources, in accordance with this section and 19 RCNY §§ 39-09, 39-12, 39-15, and 39-19 of this chapter, upon appropriate notice to the public, provided, however, that the Director shall not prohibit respondents from alternatively adjudicating summonses in-person at business centers.
(c)Administrative Law Judge to preside. Every hearing shall be held before an Administrative Law Judge, Senior Administrative Law Judge, or Supervising Administrative Law Judge. All hearings shall be public.
(d)Counsel.
(f)Rules of evidence.
(4)The summons shall constitute prima facie evidence of the statements contained therein. A reproduction of the summons or the original thereof filed with the Bureau may be used at the hearing in lieu of the copy from which it was made.
(g)Hearing record. A record shall be made of every hearing either by stenographic recording or by mechanical or electronic methods, as the Director shall determine. A transcript of such record shall be supplied to the respondent on application and payment of a fee of $2.00 and the cost of such transcript. The director may establish procedures for application for transcript.
(h)Subpoenas. The administrative law judge may, in their discretion, or at the request of the Respondent on a showing of good cause and need therefor, issue a subpoena to compel the appearance at a hearing of the officer who served the notice of violation or of other persons to give testimony, and may issue a subpoena duces tecum to compel the production for examination or introduction into evidence of any book, paper or other thing relevant to the charges alleged.
(i)Consolidation. The Bureau may, with or without request or consent of the respondent, consolidate for hearing or appeal, any and all matters within its jurisdiction pending against the respondent.
(j)Adjournments. An adjournment may be requested by the respondent prior to hearing. In the case of a hearing relating to the vacatur of dismissals procured by knowing misconduct, no more than two adjournments shall be granted in any matter except under extraordinary circumstances. (Amended City Record 3/13/2024, eff. 4/12/2024)
