New York Codes, Rules and Regulations
Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS
Chapter VIII - Administration
Part 367 - Procedures On Adjudicatory Proceedings And Appeals
Section 367.8 - Record

Universal Citation: 1 NY Comp Codes Rules and Regs ยง 367.8

Current through Register Vol. 46, No. 12, March 20, 2024

(a) The record in an adjudicatory proceeding shall include:

(1) all notices, pleadings, motions, intermediate rulings;

(2) the evidence presented;

(3) a statement of matters officially noticed, except matters so obvious that a statement of them would serve no useful purpose.

(4) questions and offers of proof, objections thereto, and rulings thereon;

(5) proposed findings and exceptions, if any;

(6) any findings of fact, conclusions of law or other recommendations made by a hearing officer; and

(7) any decision, determination, opinion, order or report rendered.

(b) The department shall make a complete record of all adjudicatory proceedings conducted before it. For this purpose, unless otherwise required by statute, the department may use whatever means it deems appropriate, including, but not limited to the use of stenographic transcriptions or electronic recording devices. Upon request made by any party upon the department within a reasonable time, but prior to the time for commencement of judicial review, of its giving notice of its decision, determination, opinion or order, the department shall prepare the record, together with any transcript of proceedings within a reasonable time and shall furnish a copy of the record and transcript or any part thereof to any party as he may request. Except when any statute provides otherwise, the department is authorized to charge not more than its cost for the preparation and furnishing of such record or transcript or any part thereof, or the rate specified in the contract between the department and a contractor, if prepared by a private contractor; and

(c) Findings of fact shall be based exclusively on the evidence and on matters officially noted.

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