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 700.8 - Pre-hearing conference

(a) For the convenience of the administrative law judge or the parties, the administrative law judge may conduct the pre-hearing conference by telephone or video conference.

(b) At the pre-hearing conference, the parties shall identify and exchange witness information and evidence that the parties intend to introduce at the hearing. The parties shall not be precluded from exchanging witness information and evidence after the pre-hearing conference, and, at the discretion of the administrative law judge upon a finding that no other party will be prejudiced by such delay, either side may call witnesses and present evidence at the hearing even if such evidence and such witnesses were not identified prior to the date of the hearing. If the pre-hearing conference is conducted by telephone or video conference, the parties shall exchange evidence by e-mail, regular mail or any other manner convenient and mutually agreeable to the parties, as long as the manner of exchange will not cause a delay in the hearing and is adequate to protect the confidentiality of such evidence.

(c) At the pre-hearing conference, the parties should notify the administrative law judge that an interpreter is needed at the hearing; provided, however, that a failure to provide such notice shall not preclude a later request for an interpreter.

(d) The administrative law judge shall address other administrative matters as deemed necessary to complete a timely hearing.

(e) The date for the hearing shall be scheduled at the pre-hearing conference.

(f) The failure of the parties to appear at the pre-hearing conference shall result in a default order, except upon a showing of good cause.