19 CRR-NY 900-8.9NY-CRR
19 CRR-NY 900-8.9
19 CRR-NY 900-8.9
900-8.9 Ex parte rule.
(a) Except as provided below, an ALJ shall not directly or through a representative, communicate with any person in connection with any issue that relates in any way to the merits of the proceeding without providing notice and an opportunity for all parties to participate.
(b) An ALJ may consult on questions of law or procedures with supervisors or other staff in the Office of Hearings, provided that such supervisors or staff have not been engaged in investigative or prosecutorial functions in connection with the adjudicatory proceeding under consideration or a factually related adjudicatory proceeding.
(c) An ALJ and the chief ALJ may communicate with any person on ministerial matters, such as scheduling or the location of a hearing.
(d) Parties or their representatives shall not communicate with the ALJ, the chief ALJ or the executive director, or any person advising or consulting with any of them, in connection with any issue without providing proper notice to all the other parties.
19 CRR-NY 900-8.9
Current through October 31, 2021
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IMPORTANT NOTE REGARDING CONTENT CURRENCY: The "Current through" date indicated immediately above is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Administrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of NYS Rules.