New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES
Part 831 - Appeals, Hearings, And Rulings
Section 831.3 - Rights of parties

Universal Citation: 14 NY Comp Codes Rules and Regs ยง 831.3

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

(a) Each party shall have the right to be represented by counsel.

(b) Upon request of any party, the Hearing Officer may permit discovery which shall be limited to the production of documents and other tangible things.

(c) Any party may request that the Hearing Officer recuse themself from the proceeding when the party believes that the Hearing Officer has a conflict of interest which would render them unable to provide a fair and impartial recommendation to the Commissioner. The Hearing Officer's recusal determination shall be final. If a Hearing Officer recuses themself, the Commissioner shall appoint a new Hearing Officer and promptly reschedule the hearing.

(d) Each party shall have the right to present evidence and cross-examine witnesses.

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