New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter C - Teacher › Part 82 - Hearings Of Charges Against Employees On Tenure › Subpart 82-1 - PROCEDURES FOR HEARINGS COMMENCED BY THE FILING OF CHARGES ON OR AFTER AUGUST 25, 1994 AND PRIOR TO JULY 1, 2015 › Section 82-1.12 - Reimbursable hearing expenses

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as otherwise provided in this
					 section, the commissioner shall compensate the hearing officer with the
					 customary fee paid for service as an arbitrator for each day of actual service
					 rendered by the hearing officer. For hearings commenced by the filing of
					 charges prior to April 1, 2012, a day of actual service shall be five hours. In
					 the event a hearing officer renders more or less than five hours of service on
					 a given calendar day, the per diem fee shall be prorated accordingly. For
					 hearings commenced by the filing of charges on or after April 1, 2012, a day of
					 actual service shall be defined in guidelines prescribed by the commissioner.
					 Any late cancellation fee charged by the hearing officer shall be paid by the
					 party or parties responsible for the cancellation.
(b) In addition to the statutory fees payable
					 to the hearing officer and panel members for each day of actual service, the
					 commissioner shall reimburse hearing officers and panel members for their
					 necessary travel and other related reasonable expenses in accordance with the
					 rules and limits on travel applicable to state employees.
(c) The commissioner shall arrange for the
					 preparation of an accurate record of the proceedings. Upon request, a copy of
					 the record shall be provided by the commissioner to the hearing officer, panel
					 members and/or the parties at the department's expense. Upon request of one or
					 more parties, the commissioner may arrange to have a daily copy of the record
					 prepared and distributed to each party making such request and to the hearing
					 officer, in addition to any final copies provided by the commissioner after
					 conclusion of the hearing. Any incremental cost incurred for preparing a daily
					 copy for a party and the hearing officer that is in addition to the base amount
					 payable by the commissioner for preparation of the final record shall be paid
					 by the party requesting daily copy, or shall be shared equally by the parties
					 where both parties request daily copy.
(d) Additional hearing costs, other than
					 facilities costs, incurred to make a reasonable accommodation to an employee or
					 a witness based on such individual's disability, including but not limited to
					 the retention of a qualified interpreter for the deaf or hearing impaired,
					 shall be paid by the commissioner. Except as otherwise provided in this
					 Subpart, any other additional hearing costs shall be paid by the
					 board.
(e) Limitations on fees for
					 hearing officers. For hearings commenced by the filing of charges on or after
					 April 1, 2012, a hearing officer shall not be reimbursed beyond the maximum
					 rates of compensation of hearing officers, as set forth in a schedule
					 prescribed by the commissioner, based on customary and reasonable fees for
					 service as an arbitrator and shall not be reimbursed for more than a certain
					 amount of study hours, as prescribed by the commissioner.
(f) Limitation on claims. No payments shall
					 be made by the department on or after April 1, 2012 for the following if they
					 are on a claim submitted later than one year after the final disposition of the
					 hearing by any means, including settlement, or within 90 days after April 1,
					 2012 whichever is later; provided that no payment shall be barred or reduced
					 where such payment is required as a result of a court order or judgment or a
					 final audit:
(1) compensation of a hearing
					 officer or hearing panel member;
(2) reimbursement of such hearing officers or
					 panel members for necessary travel or other expenses incurred by them;
					 or
(3) for other hearing
					 expenses.