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 831.5 - Powers of hearing officers

Universal Citation: 14 NY Comp Codes Rules and Regs ยง 831.5

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

(a) The Hearing Officer shall have the power to administer oaths and affirmations, issue subpoenas and otherwise control the conduct of the hearing.

(b) The Hearing Officer shall not be bound by the rules of evidence observed by courts, except that the rules of privilege recognized by law shall be respected.

(c) The Hearing Officer, with the consent of all parties, may waive any time requirement provided for in this Part.

(d) The Hearing Officer may consult on questions of law with the Office's counsel or another designated Office attorney, provided that said attorney has not been engaged in investigative or prosecutorial functions in connection with the proceeding under consideration or a factually related adjudicatory proceeding.

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