New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle KK - Program for Elderly Pharmaceutical Insurance Coverage
Part 9740 - The Fair Hearing Process
Section 9740.7 - Fair hearing procedures

Universal Citation: 9 NY Comp Codes Rules and Regs ยง 9740.7

Current through Register Vol. 46, No. 12, March 20, 2024

(a) Technical rules of evidence followed in a court of law shall not be followed, but evidence must be relevant and material.

(b) Irrelevant and unduly repetitious testimony and cross-examination may be excluded at the discretion of the hearing officer.

(c) The appellant shall have the burden of showing that its determination after reconsideration was incorrect.

(d) Records and documents in the possession of the contractor may be admitted as complete photocopies; however, the originals shall be available to the appellant or his/her representative for inspection at the direction of the hearing officer.

(e) The decision must be supported by and in accordance with substantial evidence.

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