New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 212 - Conference and Hearings › Section 212.4 - Formal hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A formal
				hearing for the purpose of taking evidence relevant to the case before the
				agency shall be conducted as necessary by the administrative law judge
				designated by the director. At any time, an administrative law judge may be
				substituted by the director for the administrative law judge previously
				assigned.
(b) The hearing will not
				be adjourned unless good and sufficient grounds are established by the
				requesting party, who shall file, consistent with the manner in which the
				petition was filed, with the administrative law judge an application, on notice
				to all other parties, setting forth the factual circumstances of the
				application, and the previously ascertained position of the other parties. The
				failure of a party to appear at the hearing may, in the discretion of the
				administrative law judge, constitute ground for dismissal of the absent party's
				pleading and a default determination.
(c) Any party shall have the right to appear
				at any hearing in person, by counsel, or by other representative, and any party
				and the administrative law judge shall have the power to call and examine
				witnesses, and to introduce into the record documentary and other evidence.
				Witnesses shall be examined orally under oath.
(d) Stipulations of fact may be introduced
				into evidence with respect to any issue. The administrative law judge is
				authorized to administer oaths and affirmations, and to exercise discretion in
				regulating the course of the proceeding, including, but not limited to,
				sequestering witnesses, and controlling the order and method of presentation of
				relevant evidence. In exercising this discretion, the administrative law judge
				may require oral or written offers of proof, and may direct the production of
				supporting documentary evidence as exhibits to such offers of proof. The
				administrative law judge may entertain motions based upon such offers of proof.
				Interlocutory appeal of a decision, ruling, or order of an administrative law
				judge that does not resolve the entirety of a case shall be permissible only as
				provided in section
				213.4 of this Part. All such
				non-dispositive decisions, rulings, or orders of an administrative law judge
				may be appealed to the board in exceptions pursuant to section
				213.2 of this Part to a final
				decision rendered by the administrative law judge.
(e) Stipulations of undisputed facts or
				stipulations regarding the authenticity of documents to be admitted into
				evidence may be introduced with respect to any relevant issue.
(f) Except as to the rules of privilege
				recognized by law, compliance with the technical rules of evidence shall not be
				required.
(g) A party seeking to
				introduce an exhibit into evidence shall simultaneously provide copies to all
				other parties and the administrative law judge, unless excused by the
				administrative law judge.
(h)
(1) An administrative law judge may recuse
				himself/herself from a case whenever he/she believes it to be
				appropriate.
(2) Any party to a
				proceeding may file a motion with the assigned administrative law judge
				requesting that the administrative law judge recuse himself/herself from
				further participation in that case. A motion for recusal shall be made as soon
				as reasonably possible after the basis for such motion becomes known to the
				party making it. Unless made at a hearing, such motion shall be filed with the
				administrative law judge in the same manner as was the petition, shall set
				forth all of the known grounds for the motion, and shall be accompanied by
				proof of service of a copy thereof upon all other parties. Unless such motion
				is made at a hearing, any party may file in the same manner with the
				administrative law judge a response to such motion within three working days of
				its receipt of a copy thereof, with proof of service of a copy of the response
				on all other parties, unless otherwise directed by the administrative law
				judge. Motions for recusal made at a hearing, and responses thereto, shall be
				made upon such terms as the administrative law judge shall direct. The
				administrative law judge's ruling on the motion shall be made either in writing
				or on the record at the hearing and the ruling, the recusal motion and any
				response shall be part of the record of the proceeding.