New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter XVI - Real Property Tax Administration › Part 8187 - Informational Hearings, Adjudicatory Proceedings And Review Proceedings › Subpart 8187-1 - Adjudicatory Hearing Procedures › Section 8187-1.2 - Hearing officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  hearing officer shall conduct all proceedings held pursuant to this Part. A
				  hearing officer may be any individual admitted to the practice of law in the
				  State of New York and designated by the commissioner. A list of those
				  designated hearing officers shall be on file in ORPTS and shall be available
				  for inspection or copying in accordance with section
				  2370.1  of this
				  Title. No individual who shall have previously dealt in a substantial way with
				  the substance of the matter which is the subject of an adjudicatory proceeding
				  shall serve as the hearing officer in such proceeding. A hearing officer shall
				  be bound by the provisions of section 74  of the Public Officers Law.
(b) A hearing officer shall have all the
				  powers conferred upon presiding officers by the State Administrative Procedure
				  Act, consistent with the provisions of this Subpart.
(c) Within 30 days of the receipt of a
				  verbatim transcript or proposed findings, if any, of a hearing, or the receipt
				  of proposed findings, or the closing of the record as provided for in section
				  8187-1.13 
				  of this Subpart, the hearing officer shall submit a report to the commissioner
				  and to each party and any attorney representing any party. This report shall
				  contain a notice of appearances, a summary of evidence, findings of fact,
				  conclusions of law and recommendations to the commissioner.
(d) Assignment of non-staff hearing officers.
				  Individuals who are designated as eligible to serve as hearing officers may be
				  assigned by the commissioner to hear proceedings in accordance with the needs
				  of ORPTS. In making such assignments, the commissioner may consider hearing
				  officer competence, objectivity, fairness, productivity, diligence and
				  temperament along with the availability of hearing officers in particular
				  geographic areas. A hearing officer's prior findings shall not be considered in
				  making assignments.
(e) Hearing
				  officers shall be compensated as provided in a schedule promulgated by the
				  department.
(f) Communication with
				  hearing officers. No agency officer or employee, including a staff attorney
				  assigned to a proceeding, or respondent in any proceeding, shall have any ex
				  parte contact with a hearing officer regarding substantive issues, except
				  contacts relating to nonsubstantive matters, such as arrangements for
				  assignments, hearing officer contracts and the timing of the submission of
				  hearing officer reports.
(g) A
				  party may request the recusal of the hearing officer assigned to a proceeding
				  by making a motion in writing, no fewer than 10 days prior to the hearing, to
				  that hearing officer setting forth the reasons for the request. If the request
				  is granted, the hearing officer shall set forth his decision in writing and
				  submit a copy of that decision to all parties and the commissioner. Where the
				  request is denied, the hearing officer shall set forth the reasons for the
				  denial in the report prepared pursuant to subdivision (c) of this
				  section.