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 82-1.10 - Conduct of hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Cine
					 photographs, still photographs, videotape recordings and audiotape recordings
					 may not be taken at private hearings, and may be taken at public hearings only
					 when permitted by the hearing officer.
(b) Public hearings shall be open to members
					 of the public and to representatives of the news media, except that the hearing
					 officer may, in his or her discretion, exclude any persons other than parties,
					 witnesses, and their attorneys from all or any portion of the hearing where
					 such exclusion is warranted for the protection of the privacy or reputation of
					 any person under the age of 18 years.
(c) The hearing officer shall have the power
					 to consolidate with the pending charges amended or additional charges against
					 an employee as to which the board has found that probable cause exists no later
					 than five days before the date of the prehearing conference, provided that the
					 employee may file a waiver of the right to a hearing on such amended or
					 additional charges with the hearing officer and provided further that charges
					 involving pedagogical incompetence or issues involving pedagogical judgment may
					 not be consolidated with pending charges unless the employee has previously
					 exercised his or her right to choose between a single hearing officer and
					 hearing panel in the request for a hearing.
(d) If the hearing officer determines that
					 the absence of a hearing panel member is likely to delay unduly the prosecution
					 of the hearing, he or she shall order the replacement of such panel member. If
					 the party who selected such panel member fails to select a replacement within
					 two business days, the commissioner shall select such replacement. If the
					 hearing officer needs to be replaced and the parties fail to notify the
					 commissioner of their mutually agreed upon replacement within two business
					 days, the commissioner shall select the replacement. In no event shall a panel
					 hearing proceed except in the presence of two panel members and the hearing
					 officer.
(e) Members of the hearing
					 panel may question witnesses and parties, subject to the right of the hearing
					 officer to disallow such questions if he or she deems them improper.
					 Notwithstanding the foregoing, no questions may be addressed to the employee
					 unless he or she has been sworn as a witness with his or her own
					 consent.
(f) All evidence shall be
					 submitted by all parties within 125 days of the filing of charges and no
					 additional evidence shall be accepted after such time, absent extraordinary
					 circumstances beyond the control of the parties.
(g) The hearing officer shall have the power
					 to regulate the course of the hearing, set the time and place for continued
					 hearings, and direct the parties to appear, so that no party is unduly
					 prejudiced by the prohibition on the submission of evidence after 125
					 days.
(h) At the conclusion of the
					 testimony, the hearing officer may adjourn the hearing to a specified date
					 after conclusion of the testimony, to permit preparation of the record,
					 submission by the parties of memoranda of law, and deliberation; provided that
					 such specified date may not be more than 60 days after the prehearing
					 conference unless the hearing officer determines that extraordinary
					 circumstances warrant a later date. Upon request, the hearing officer shall
					 arrange for the preparation and delivery of one copy of the record of the
					 hearing to each panel member, to the employee and the board.
(i) The hearing officer or hearing panel
					 shall render a written decision within 30 days of the last day of the final
					 hearing, or within 10 days of the last day of an expedited hearing and shall
					 forthwith forward a copy to the commissioner, in a manner prescribed by the
					 commissioner, who shall send copies to the parties and/or their designated
					 attorneys. Such written decision shall include the hearing officer's findings
					 of fact on each charge, his or her conclusions with regard to each charge based
					 on such findings and shall state the penalty or other action, if any, which
					 shall be taken by the board, provided that such findings, conclusions and
					 penalty determination shall be based solely upon the record in the proceedings
					 before the hearing officer or panel, and shall set forth the reasons and the
					 factual basis for the determination.