New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle V - State Board of Elections › Part 6218 - Civil Enforcement Hearings › Section 6218.2 - Hearing officers; generally

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Adjudicatory
				proceedings shall be presided over by a hearing officer.
(b) Hearing officers shall be appointed by
				majority vote of the State Board pursuant to section 3-104  of the Election
				Law.
(c) Hearing officers shall be
				duly admitted to practice law in New York in good standing and shall possess
				such other qualifications as the State Board may require.
(d) A hearing officer shall be assigned
				randomly to a particular enforcement matter in accordance with section 3-104  of
				the Election Law. Such random assignment process shall be administered by the
				co-executive directors or their designees and shall occur upon each request by
				the chief enforcement counsel. For each assignment request, all approved
				hearing officers shall be randomly listed, and the assignment shall be offered
				in the order of the list until an available hearing officer shall accept the
				assignment.
(e) Hearing officers
				shall exercise, to the extent consistent with the Election Law and the rules,
				regulations and opinions of the State Board, the powers and obligations of
				presiding officers as defined by the State Administrative Procedure Act (SAPA),
				in addition to such other powers and obligations as the Election Law and this
				Part shall provide.
(f) A hearing
				officer's remuneration, working conditions case assignments, discipline or
				removal, shall not be based in any way on how a hearing officer's rulings,
				decisions or other actions favor or disfavor any party. There shall not be
				established any quotas or similar expectations for any hearing officer that
				relate in any way to how the hearing officer's rulings, decisions or other
				actions favor or disfavor the chief enforcement counsel of the State Board or
				any other party.
(g) In any pending
				adjudicatory proceeding, the hearing officer may not be ordered or otherwise
				directed to make any particular finding of fact, to reach any particular
				conclusion of law, or to make or recommend any specific disposition of a
				charge, allegation, question or issue by any party or other person.
(h) Unless otherwise authorized by law, a
				hearing officer shall not communicate in connection with any issue that relates
				in any way to the merits of an adjudicatory proceeding pending before such
				officer with any person except upon notice and opportunity for all parties to
				participate. A hearing officer may, however, communicate with staff of the
				State Board as expressly permitted by subdivision 2 of section 307 of the State
				Administrative Procedure Act.
(i) A
				hearing officer shall not participate in any proceeding to which he or she is a
				party; in which he or she has been attorney, counsel or representative; in
				which he or she is interested; or if he or she is related by consanguinity or
				affinity to any party to the controversy. A hearing officer shall recuse him or
				herself from any case in which he or she believes that there is, or there may
				be perceived to be, a conflict of interest or colorable question as to his or
				her impartiality.