New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter II - Regulations of the Commissioner
Subchapter C - Teacher
Part 82 - Hearings Of Charges Against Employees On Tenure
Subpart 82-1 - PROCEDURES FOR HEARINGS COMMENCED BY THE FILING OF CHARGES ON OR AFTER AUGUST 25, 1994 AND PRIOR TO JULY 1, 2015
Section 82-1.8 - Selection of panel member by employee

Where an employee has exercised the option to have the hearing conducted before a hearing panel, within five days after receiving the copy of the notification to the commissioner of the need for a panel hearing, the employee shall, in writing by certified mail, notify the board and the commissioner of the name of his or her selection for the hearing panel. If the employee shall fail to notify the commissioner and the board as required and the employee has not waived his or her right to a hearing, the commissioner shall select the employee panel member for the employee.