New York Codes, Rules and Regulations
Title 10 - DEPARTMENT OF HEALTH
Chapter II - Administrative Rules and Regulations
Subchapter C - Access To Records
Part 51 - Uniform Hearing Procedures
Section 51.9 - Hearing officer
Current through Register Vol. 46, No. 12, March 20, 2024
(a) No hearing officer shall preside who has any bias with respect to the matter involved in the proceeding. Any party may file with the department a request, together with a supporting affidavit, that a hearing officer be removed on the basis of personal bias or other good cause.
(b) The hearing officer shall conduct the hearing in a fair and impartial manner.
(c) The hearing officer shall have the power to:
(d) The hearing officer shall not have the power to:
(e) Upon being notified that a hearing officer declines or fails to serve, or in the case of death, resignation or removal of the hearing officer, or upon the initiative of the commissioner, or the appropriate board or council, a successor hearing officer shall be designated to continue the proceeding.
(f) The designation of a hearing officer shall be in writing and filed with the department.