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 700.12 - Administrative law judge's report and recommendations
Current through Register Vol. 46, No. 39, September 25, 2024
(a) At the conclusion of the hearing, the administrative law judge shall issue a report and recommendation, which shall set forth his or her determination of the issues. The report and recommendation shall be based solely upon the evidence presented at the hearing and shall set forth the reasons and factual basis for the determination. The report shall include a description of the issues, a recitation of relevant facts, an assessment of the credibility of testifying witnesses, the applicable statutory and regulatory authority, findings of fact, conclusions of law and the administrative law judge's recommendation to the executive director.
(b) Findings of fact must be based exclusively on the record of the hearing.
(c) The administrative law judge shall attach to the report and recommendation a list identifying each exhibit admitted into evidence, including the exhibit number or letter and the number of pages.
(d) A copy of the written report and recommendation shall be provided to the executive director along with the hearing record.
