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 700.7 - Notice of the pre-hearing conference

Universal Citation: 14 NY Comp Codes Rules and Regs ยง 700.7

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

(a) A hearing shall be initiated by the administrative law judge scheduling a pre-hearing conference after a finding by the administrative appeals unit that a report is substantiated.

(b) All pre-hearing conferences shall be scheduled by a written notice issued to the subject.

(c) The notice of pre-hearing conference shall specify the date, time and place for the pre-hearing conference, and shall include a statement informing the subject of the procedures for requesting and granting adjournments and the consequence of failing to appear as directed at the pre-hearing conference.

(d) The notice of pre-hearing conference shall further include a statement of the following: the right of the subject to retain counsel at his or her own expense and be represented by an attorney or representative, the right of the subject to present evidence on his or her behalf, to produce witnesses, to cross-examine witnesses and to review documents that the Justice Center intends to offer into evidence at the hearing.

(e) The notice of pre-hearing conference shall be mailed at least 20 days prior to the date of the pre-hearing conference.

(f) If the subject does not want to proceed to a hearing, he or she shall have the option to decline participation in the pre-hearing conference.

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