New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter IV - Appeals And Other Proceedings Before the Commissioner
Part 278 - Practice On School District Reorganization Hearings
Section 278.1 - Rules of practice

(a) Commencement of procedure. A petition may be filed with the commissioner asking for a formal public hearing, where a school district meeting has directed the board of education or board of trustees to file a petition looking toward a change in the established plan of school district reorganization. Before such a petition can be filed, the commissioner must have announced or reaffirmed the State plan by an order which must have been forwarded to the clerks of all school districts concerned.

(b) Where a board of education submits a petition in accordance with section 314 of the Education Law, but without supporting papers, data and information, the board of education will be given an opportunity to submit the same subsequently to the filing of the petition.

(c) All petitions and other papers must be typewritten or clearly and legibly written; and if not so written, may in the discretion of the commissioner, be returned to the person submitting the same.

(d) Names of parties or attorneys to be endorsed on paper. When any party is not represented by an attorney, the name of such party, with the names of the district, town and county and his post office address must be endorsed upon each paper of such party, filed in the department; and when represented by an attorney, the name of such attorney with the name of the district, town and county and his post office address must be so endorsed upon each paper of the party so represented, filed in the department.

(e) In calling the hearing, all districts included in the established reorganization plan and all districts included in the plan proposed by the petitioning district will be joined by the commissioner.

(f) Any party wishing to be heard, either by counsel or in person, must submit in writing, at least 10 days before the date for which the hearing is called, a written statement of his position, together with names and addresses of all witnesses he intends to call and a description of the nature of any other evidence to be offered by him, together with an estimate of the time requested by him for the presentation of his case. Where a party is represented by counsel, the notice of appearance also must be filed at least 10 days before such date.

(g) All supporting papers, exhibits, data, maps and sketches must be filed with the commissioner no later than the date for which the hearing is called, except that briefs or memoranda of law may be submitted not later than 30 days after the transcript of testimony taken at the hearing becomes available.

(h) The hearing officer will be the commissioner or a person designated by him.

(i) A hearing stenographer will be provided by the commissioner.

(j) The hearing officer will hear generally in the following order, the petitioning school district, any school district or districts with which the petitioning district proposes to reorganize; the department; any district or districts included with the petitioning district in the established State plan of reorganization; and, in the order determined by the hearing officer, any other affected districts or parties appearing.

(k) Orders for copies of the transcript of testimony, or any part thereof, must be placed with the hearing stenographer not later than the close of the hearing. Copies thereof so ordered will be furnished by the hearing stenographer upon payment of the costs therefor.

(l) Oral opening and closing statements will not be recorded by the hearing stenographer.

(m) Within 60 days after the hearing is concluded and all papers in relation thereto are submitted, the commissioner will render a preliminary finding recommending whether a change is warranted. This preliminary finding will be in the form of a report and will be entered in his office. Copies thereof will be served upon the clerks of all school districts affected.