New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter X - General Rules
Part 701 - Procedural Rules For Hearings
Section 701.6 - Discovery
Universal Citation: 12 NY Comp Codes Rules and Regs ยง 701.6
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Discovery as hereinafter described shall be permitted to an employer in any proceeding covered by this regulation, with the exclusion of hearings conducted pursuant to Labor Law Section 27-a, which are covered by 12 NYCRR 803.
(1) The documents to be discovered shall be
limited to those which, as of the date of the discovery request, the department
has in its possession and intends to introduce in the course of the
proceeding.
(2) There shall be no
depositions taken of potential witnesses prior to the hearing.
(b) A request for discovery of documents shall be made in writing to the individual representing the department in the proceeding, as set forth in the notice of hearing, with a copy sent to the individual designated to conduct the hearing, at least fourteen days prior to the date of the hearing.
(1) Requested documents which are
discoverable shall be sent to the employer or its attorney, if applicable, at
least seven days prior to the date of the hearing, unless due to the volume of
documents being requested, the copying of such documents cannot be completed
within such period.
(2) Where the
documents cannot be provided within the above period, written notice of such
shall be given to the requester, with a copy to the individual designated to
conduct the hearing. Such notice shall state when the requested documents are
expected to be provided and the reason(s) for the delay.
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