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 82-2 - Procedures For Hearings Commenced Prior To August 25, 1994
Section 82-2.7 - Selection of hearing panel member by employee

(a) Within five days after receiving the copy of the notification to the commissioner of the need for a 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 member of the hearing panel for the employee.