New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter IV - Appeals And Other Proceedings Before the Commissioner › Part 278 - Practice On School District Reorganization Hearings › Section 278.1 - Rules of practice

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Commencement of procedure. A petition may be filed with the commissioner asking
				for a formal public hearing, where a school district meeting has directed the
				board of education or board of trustees to file a petition looking toward a
				change in the established plan of school district reorganization. Before such a
				petition can be filed, the commissioner must have announced or reaffirmed the
				State plan by an order which must have been forwarded to the clerks of all
				school districts concerned.
(b)
				Where a board of education submits a petition in accordance with section 314  of the Education Law, but without
				supporting papers, data and information, the board of education will be given
				an opportunity to submit the same subsequently to the filing of the
				petition.
(c) All petitions and
				other papers must be typewritten or clearly and legibly written; and if not so
				written, may in the discretion of the commissioner, be returned to the person
				submitting the same.
(d) Names of
				parties or attorneys to be endorsed on paper. When any party is not represented
				by an attorney, the name of such party, with the names of the district, town
				and county and his post office address must be endorsed upon each paper of such
				party, filed in the department; and when represented by an attorney, the name
				of such attorney with the name of the district, town and county and his post
				office address must be so endorsed upon each paper of the party so represented,
				filed in the department.
(e) In
				calling the hearing, all districts included in the established reorganization
				plan and all districts included in the plan proposed by the petitioning
				district will be joined by the commissioner.
(f) Any party wishing to be heard, either by
				counsel or in person, must submit in writing, at least 10 days before the date
				for which the hearing is called, a written statement of his position, together
				with names and addresses of all witnesses he intends to call and a description
				of the nature of any other evidence to be offered by him, together with an
				estimate of the time requested by him for the presentation of his case. Where a
				party is represented by counsel, the notice of appearance also must be filed at
				least 10 days before such date.
(g)
				All supporting papers, exhibits, data, maps and sketches must be filed with the
				commissioner no later than the date for which the hearing is called, except
				that briefs or memoranda of law may be submitted not later than 30 days after
				the transcript of testimony taken at the hearing becomes available.
(h) The hearing officer will be the
				commissioner or a person designated by him.
(i) A hearing stenographer will be provided
				by the commissioner.
(j) The
				hearing officer will hear generally in the following order, the petitioning
				school district, any school district or districts with which the petitioning
				district proposes to reorganize; the department; any district or districts
				included with the petitioning district in the established State plan of
				reorganization; and, in the order determined by the hearing officer, any other
				affected districts or parties appearing.
(k) Orders for copies of the transcript of
				testimony, or any part thereof, must be placed with the hearing stenographer
				not later than the close of the hearing. Copies thereof so ordered will be
				furnished by the hearing stenographer upon payment of the costs
				therefor.
(l) Oral opening and
				closing statements will not be recorded by the hearing stenographer.
(m) Within 60 days after the hearing is
				concluded and all papers in relation thereto are submitted, the commissioner
				will render a preliminary finding recommending whether a change is warranted.
				This preliminary finding will be in the form of a report and will be entered in
				his office. Copies thereof will be served upon the clerks of all school
				districts affected.