New York Codes, Rules and Regulations
Title 2 - DEPARTMENT OF AUDIT AND CONTROL
Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System
Part 317 - Scheduling, Adjourning And Conduct Of Administrative Hearings
Section 317.6 - Scheduled hearings and adjournment requests at a hearing

Universal Citation: 2 NY Comp Codes Rules and Regs § 317.6

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

(a) The applicant and party other than the retirement system shall present its case at the initial hearing.

(1) In the event that a witness or evidence is not available at the time a hearing is scheduled, the applicant shall request an adjournment before the hearing as provided in section 317.5 of this Part.

(2) The hearing officer may in his or her discretion, and upon motion by the applicant or party, grant a continuance for additional witnesses to testify.

(i) The applicant or party granted the continuance must advise the retirement system within 45 days of the availability of the additional expert witness or the applicant or party's case will be deemed closed.

(ii) In the event that the retirement system is unable to schedule a hearing based on the availability dates provided by the applicant or other party, the retirement system will provide a written or electronic request for additional dates of availability.

(iii) The hearing officer has the discretion during a hearing to grant an adjournment of a hearing for cause, as defined by section 317.5(e)(1) of this Part.

(b) The applicant or party other than the retirement system may waive appearance at the hearing.

(1) Written or electronic requests to waive appearance must be received by the retirement system at least three business days prior to the scheduled hearing.

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