New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XX - JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS
Part 700 - Administrative Adjudication Process For Substantiated Cases Of Abuse And Neglect
Section 700.10 - Conduct of the hearing

Universal Citation: 14 NY Comp Codes Rules and Regs ยง 700.10

Current through Register Vol. 46, No. 39, September 25, 2024

(a) An administrative law judge shall preside at the hearing and make all procedural rulings. For the convenience of the administrative law judge or the parties, the administrative law judge may conduct the hearing by video conference. The parties shall be given notice thereof and shall on timely request be afforded an opportunity prior to a decision to conduct the hearing by video technology to be heard on their respective positions.

(b) Appearances.

(1) A party may appear in person or by counsel.

(2) Any person appearing on behalf of a party in a representative capacity when that party is not present at the hearing shall be required to show his or her authority to act in such capacity and shall file a notice of appearance with the administrative law judge.

(3) If a party fails to appear at the hearing and no adjournment has been requested and granted for cause, the administrative law judge shall recommend a default order.

(4) At any time before a report and recommendation is submitted to the executive director, the administrative law judge may relieve any party of the consequences of a default upon good cause shown.

(c) An administrative law judge shall make an initial statement describing the nature of the proceedings, the manner in which the hearing will be conducted and the issues to be addressed.

(d) The burden of proof shall be on the Justice Center to show by a preponderance of the evidence that the subject committed the act or acts of abuse or neglect alleged in the substantiated report that is the subject of the proceeding and that such act or acts constitute the category level of abuse and neglect set forth in the substantiated report. The Justice Center shall present its case first.

(e) The administrative law judge shall exclude testimony or other evidence that he or she finds is irrelevant or unduly repetitious.

(f) All testimony shall be given under oath or affirmation, unless the testimony is given by a young child or an individual who is unable to understand the meaning of an oath or affirmation.

(g) Each party may have witnesses give testimony, present relevant evidence, cross-examine opposing witnesses, offer rebuttal evidence and examine any document or item offered into evidence.

(h) Each party may make an opening and a closing statement.

(i) At the conclusion of the hearing, all parties shall be afforded an opportunity to provide written argument of issues of law. Such written arguments shall be provided to the administrative law judge and the other parties within 10 days of the conclusion of the hearing.

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