New York Codes, Rules and Regulations
Chapter VIII - Institutional Programs
Part 700 - Appeal Of Correctional Industries Prices
Section 700.10 - Hearings

Current through Register Vol. 44, No. 38, September 21, 2022

(a) Oral argument.

(1) The board may hear oral argument with respect to an appeal or motion.

(2) Within 10 days of receipt by appellant of an initial decision by the board not to reduce the price in accordance with paragraph (b)(1) of section 700.4 of this Part, any party or the board may request that a hearing on the appeal be scheduled.

(3) The appellant shall be deemed to have received notice of the board's decision under paragraph (2) of this subdivision, three days from the date of mailing of such decision.

(b) Time and place of hearing. The chairman will designate a date, time and place for the scheduled hearing and will give notice of hearing to all parties and members of the board.

(c) Notice of hearing. The notice of hearing shall state the date, time, place and purpose of the hearing. It will be served upon all parties and the members of the board at least 15 days before the date of hearing.

(d) Nonappearance or lateness. Parties should appear in person or by counsel at the scheduled hearing.

(1) Unexcused nonappearance by the appellant at the time and place of hearing will result in the dismissal of his or her appeal for default. The presiding member may excuse nonappearance when good cause is established by documented proof or by a sworn statement submitted to the board within 72 hours after the scheduled hearing. Unreasonable lateness by the appellant will be deemed as nonappearance.

(2) Respondent. If the respondent fails to appear, or is late, he/she will be deemed to have submitted on the record.

(e) Hearing procedures. In the conduct of hearings, the board shall not be bound by the technical or formal rules of procedure or evidence. It may proceed in such manner and order as it deems best to protect the rights of all parties. Parties presenting oral arguments shall be subject to such restrictions as to form, subject matter and time as the board, or the presiding member designated by the board to hear the appeal, may require. All relevant evidence shall be admitted, unless privileged or excessively cumulative.

(f) Objections. Objections made during a hearing with respect to the conduct of a hearing may be stated at the hearing and must be submitted to the board in writing within 72 hours thereafter if the board, or presiding member designated to hear the appeal, so requires. The presiding member may reserve ruling on an objection until rendering of the board's final decision.

(g) Substitution of presiding member. The chairman may designate another member of the board to preside at any time prior to a scheduled hearing when a member or chairman designated to hear an appeal is ill or otherwise unavailable.

(h) Adjournment by presiding member. A hearing may be adjourned by the presiding member when he/she is unable to continue to preside due to sudden illness. Where the appeal is heard by the entire board, the hearing need not be adjourned due to the sudden illness and absenting of a member, unless the board so determines in its discretion.

(i) At the hearing, the appellant shall have the burden of establishing, by substantial credible evidence, that the price being appealed is unreasonably in excess of the fair market price or that the fair market price was not established in accordance with section 186(2) of the Correction Law. A showing by the purchaser, that the alternative fair market price he has submitted was established in accordance with the standard set forth in section 186(2) of such law, shall be required, but shall not be sufficient grounds for the board to set aside the price appealed from in the absence of a showing that the appealed price is unreasonably in excess of the fair market price or that the fair market price has not been established in accordance with section 186(2) of such law and relevant provisions of this Part.

(j) Exhibits and briefs. If exhibits or briefs are to be submitted by any party, five copies of all such exhibits or briefs shall be required. One is for each member of the board, one for the case file and one for the adverse party. A brief must be presented to all parties within 15 days of the date of the board's notice of acknowledgment. Reply briefs must be presented within 30 days from the date of the notice of acknowledgment. Requests for extensions of these periods should be in writing and addressed to the Commissioner of Correctional Services and the adverse party, and both must agree to said extension.

(k) Settlement attempts. Settlement attempts shall not be received in evidence.

(l) Adjournments. Requests for adjournments shall be in writing and addressed to the chairman. Adjournments may be granted by the chairman only upon good cause shown.

(m) Orders. All orders of the board shall be in writing, stating the reason for the decision. They shall be final, and they shall be filed with the Director of Correctional Industries. Certified copies of the order shall be served upon all parties.

(n) Hearings of the board may, in the presiding member's discretion, be open to the public. Upon filing a notice of appeal, the party appealing a correctional industries price may request that the hearing be opened to the public. If the board consents to such request, the board or the designated presiding member may direct the purchaser to publish a notice of the hearing in such newspapers and at such intervals as may be designated. Where such notices have been ordered, the purchaser shall be required to provide proof of such publication upon convening the hearing.

(o) The Department of Correctional Services shall arrange for and pay for the stenographic recording of the appeals hearing. Each party may request and pay for their respective transcribed minutes of the hearing.

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