New York Codes, Rules and Regulations
Title 19 - DEPARTMENT OF STATE
Chapter XX - Commission on ethics and lobbying in Government
Part 941 - Adjudicatory Proceedings and Appeals Procedure
Section 941.7 - Powers and duties of hearing officers
Universal Citation: 19 NY Comp Codes Rules and Regs ยง 941.7
Current through Register Vol. 46, No. 12, March 20, 2024
(a) A hearing officer is authorized to do the following in any hearing to which the hearing officer is assigned:
(1) Administer oaths or
affirmations.
(2) Sign and issue
subpoenas in the name of the Commission, at the request of any party or the
direction of the Commission, requiring attendance and testimony by witnesses at
the confidential hearing and the production of books, papers, documents and
other evidence at such hearing. Subpoenas shall be regulated by the Civil
Practice Law and Rules. Nothing herein contained shall affect the authority of
an attorney for a party to issue subpoenas under the provisions of the Civil
Practice Law and Rules requiring attendance and testimony by witnesses at the
confidential hearing and the production of books, papers, documents and other
evidence at such hearing.
(3) When
there is good cause to believe that the testimony of a potential witness will
be unavailable at the time of hearing, testimony may be taken by deposition.
The hearing officer shall allow the use of such depositions at the
hearing.
(4) Regulate the course of
the hearings, set the time and place for continued hearings and fix the time
for filing of briefs and other documents for review by the hearing officer
prior to the issuance of findings of fact and recommendations.
(5) Direct the parties to appear for
pre-hearing conference and confer to consider the simplification or settlement
of the issues and/or stipulations as to the underlying facts by consent of the
parties.
(b) A hearing officer is authorized, in any hearing or appeal to which the hearing officer is assigned, to issue findings of fact, conclusions of law, and recommendations, as may be appropriate.
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