New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter XX - Higher Education Services Corporation
Subchapter A - Administration
Part 2005 - Hearing Procedures
Section 2005.3 - Record

Universal Citation: 8 NY Comp Codes Rules and Regs ยง 2005.3

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

(a) The record in an adjudicatory proceeding shall include:

(1) all notices, pleadings, motions, intermediate rulings;

(2) evidence presented;

(3) a statement of matters officially noticed except matters so obvious that a statement of them would serve no useful purpose;

(4) questions and offers of proof, objections thereto, and rulings thereon;

(5) proposed findings and exceptions, if any;

(6) any decision, determination, opinion, order or report rendered.

(b) The corporation will make a complete record of all adjudicatory proceedings conducted by it by whatever means it deems appropriate. Upon request made by any party upon the corporation within a reasonable time, but prior to the time for commencement of judicial review, of its giving notice of its decision, determination, opinion or order, the corporation will prepare the record together with any transcript of proceedings within a reasonable time and shall furnish a copy of the record and transcript or any party thereof to any party as he may request. The corporation will not charge more than its cost for the preparation and furnishing of such record or transcript or any part thereof, or the rate specified in the contract between the agency and a contractor if prepared by a private contractor.

(c) Findings of fact shall be based exclusively on the evidence and on matters officially noticed.

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