New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle M - Office of Victim Services › Part 525 - Practice And Procedure Before The Office Of Victim Services › Section 525.8 - Hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The claimant
				may be present at the hearing and shall be allowed to present testimony or
				cross-examine witnesses in person or by counsel, or shall otherwise make him or
				herself available in a manner prescribed by the office to receive such
				evidence.
(b) The claimant shall
				have the burden of proof. The parties or their counsel shall be allowed a
				reasonable time for presentation of oral argument and/or for the filing of
				briefs or other statements or dispositions as to the facts or the
				law.
(c) The office may receive as
				evidence any statement, document, information or matter that it finds in its
				discretion is relevant and of such a nature as to afford the parties a fair
				hearing. The office may also accept hospital records and reports and
				physician's reports as proof of the injury sustained, without requiring the
				presence of the attending physician at the hearing.
(d) The office may direct medical examination
				of the claimant or victim by a physician designated by the office for this
				purpose. The claimant or victim shall present him or herself to the physician
				named at the time and place designated. A written report of such examination
				shall be filed by the examining physician with the office and a copy mailed to
				the claimant or his or her attorney. The physician's fee shall be paid by the
				office. The failure of the claimant or victim to appear at the time of the
				scheduled medical examination shall result in an amended decision to be issued
				to the claimant reflecting an overpayment in the amount of the physician's fee
				incurred by the office, unless the office, for good cause shown, finds the
				failure to appear at such medical examination to have been justified.
(e) All hearings shall be conducted in an
				orderly manner in order to ascertain the substantial rights of the parties. All
				witnesses shall testify under oath (or by affirmation) and a record of the
				proceedings shall be made. The office may examine the claimant and all
				witnesses. The office shall not be bound by common law or statutory rules of
				evidence, or by technical or formal rules for procedure.
(f) Hearings may be adjourned on motion of
				the office. The failure of the claimant to appear at the time of the hearing
				may, in the discretion of the office, upon good cause shown, be
				excused.
(g) Claimant hearings
				shall be confidential pursuant to section 633  of the Executive Law.
(h) Prior to decision by the office, on
				application of the claimant or his or her attorney in writing or upon motion of
				the office, the case may be reopened for consideration of further payment or
				reinvestigated to facilitate the determination of a decision under review and,
				if the office finds it necessary, it may request further information or
				testimony from the claimant or other interested persons.
(i) A hearing shall be held at a place and
				time designated by the office.