New York Codes, Rules and Regulations
Title 23 - FINANCIAL SERVICES
Chapter I - Regulations of the Superintendent of Financial Services
Part 2 - Rules Governing the Procedures for Adjudicatory Proceedings Before the Department of Financial Services
Section 2.7 - Evidence

Universal Citation: 23 NY Comp Codes Rules and Regs ยง 2.7

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

(a) The rules of evidence for Department adjudicatory proceedings are set forth in State Administrative Procedure Act section 306.

(b) Each witness shall be sworn or shall give an affirmation. § 2.8 Adjournment of Hearings.

(a) Prior to commencement, a hearing may be adjourned upon written application by a party to the Department official who issued the notice or notice of proposed action. The application may be granted upon a showing of good cause at the discretion of the Department official who issued the notice or notice of proposed action.

(b) After commencement, a hearing may be adjourned at the discretion of the hearing officer for good cause shown upon request of any party or upon consent of all parties.

(c) The factors to be considered in determining good cause shown, as used in this section, shall include, but not be limited to, the following:
(1) illness of a party;

(2) temporary absence or illness of a witness;

(3) opportunity to obtain an attorney;

(4) illness of an attorney;

(5) actual engagement of an attorney in a court proceeding; and

(6) the number and nature of previous requests for adjournment.

(d) The party or attorney making an application for adjournment for good cause shown shall present documentary evidence as the hearing officer deems appropriate.

(e) A hearing officer may, in the hearing officer's sole discretion, adjourn a hearing.

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