Current through Register Vol. 46, No. 39, September 25, 2024
(a) Powers. A hearing officer designated to
conduct a hearing shall have all powers necessary or appropriate to conduct a
fair, full and impartial hearing, including the following:
(1) to administer oaths and
affirmations;
(2) to rule upon
offers of proof and receive relevant evidence;
(3) to provide for discovery and to determine
its scope;
(4) to regulate the
course of the hearing and the conduct of the parties and their counsel
therein;
(5) to consider and rule
upon procedural requests;
(6) to
hold conferences for the settlement or simplification of the issues by consent
of the parties;
(7) to make, or to
cause to be made, an inspection of the employment or place of employment
involved;
(8) to make decisions in
accordance with the law, this regulation and the State Administrative Procedure
Act; and
(9) to take any other
appropriate action authorized by the law, this regulation or the State
Administrative Procedure Act.
(b) Private consultation. Except to the
extent required for the disposition of ex parte matters, a hearing officer may
not consult a person or a party on any fact at issue, unless upon notice and
opportunity for all parties to participate.
(c) Disqualification.
(1) When a hearing officer deems himself
disqualified to conduct a hearing, he shall withdraw therefrom by notice
directed to the commissioner.
(2)
Any party who deems a hearing officer for any reason to be disqualified to
conduct or to continue to conduct a particular hearing, may file with the
commissioner a motion to disqualify and remove the hearing officer, such motion
to be supported by affidavits setting forth the alleged grounds for
disqualification. The commissioner shall rule upon the motion.
(d) Contumacious conduct; failure
or refusal to appear or obey the rulings of a presiding hearing officer.
(1) Contumacious conduct at any hearing
before the hearing officer shall be grounds for exclusion from the
hearing.
(2) If a witness or a
party refuses to answer a question after being directed to do so, or refuses to
obey an order to provide or permit discovery, the hearing officer may make such
orders with regard to the refusal as are just and appropriate, including an
order denying the application of an applicant or regulating the contents of the
record of the hearing.
(e) Referral to the Civil Practice Law and
Rules. On any procedural question not regulated by the law, this regulation or
the State Administrative Procedure Act, a hearing officer shall be guided to
the extent practicable by any pertinent provisions of the Civil Practice Law
and Rules.
