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 831.4 - Conduct of hearing

Universal Citation: 14 NY Comp Codes Rules and Regs ยง 831.4

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

(a) Presentation of case.

(1) The Office shall have the right to present its case first and shall also have the right to rebuttal, at the conclusion of the other party's case, in the course of which any and all witnesses and/or other evidence pertinent to the case may be additionally presented.

(2) The party requesting the hearing shall present its case at the conclusion of the case presented by the Office.

(b) Burden of Proof. The burden of proof shall be on the party requesting the hearing to show by a preponderance of the evidence that the Commissioner's decision is not in conformity with the standards and criteria set forth in the applicable laws and provisions of this Title.

(c) Hearings shall be closed to the public due to the protection of patients' rights unless otherwise ordered by the Commissioner or Hearing Officer or upon a showing of other compelling reasons.

(d) The Hearing Officer shall not communicate ex parte, either directly or indirectly, in connection with any issue relating to the merits of a pending adjudicatory proceeding in which they are the Hearing Officer unless all parties have first been given notice of the intended communication and an opportunity to participate.

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