New York Codes, Rules and Regulations
Title 10 - DEPARTMENT OF HEALTH
Chapter II - Administrative Rules and Regulations
Subchapter I - Environmental Health
Part 76 - Public Health Administrative Tribunal
Section 76.7 - Hearings
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Hearings are open to the public, presided over by a tribunal or tribunal representative, and are to proceed with reasonable expedition and order and, insofar as practicable, shall be held at a place and time that will minimize postponements and adjournments.
(b) Each party to a proceeding has the right to be represented by counsel, to present evidence, to examine and cross-examine witnesses (subject to the requirement contained in subdivision [c] of this section), and shall have all rights essential to a fair and impartial hearing.
(c) If requested by the respondent, the department will ensure the appearance of the departmental employee who has signed the finding of violation. Such employee shall testify and produce for examination and consideration any written evidence deemed relevant to the allegations.
