(a) All transfer hearings shall be conducted within 72 hours after the notice of charges has been delivered to the juvenile delinquent or as soon as practicable under the circumstances of the case.

(b) The transfer hearing will be conducted by an outside hearing officer who is experienced in the child care field and is not an employee of the Division for Youth. A list of the officers and their resumes shall be available for public inspection. The hearing officer need not be an attorney.

(c) Formal rules of evidence will not be in effect at the hearing except that all testimony shall be given under oath administered by someone authorized by the State of New York to administer oaths.

(d) The juvenile delinquent and his representative shall be present during the presentation of evidence to the hearing officer; provided, however, that upon the request of either party, the hearing officer may determine that the juvenile delinquent should be excused during all or any part of a witness's testimony if it appears that the hearing of such testimony would be harmful to the juvenile delinquent. All witnesses shall be excluded from the hearing until called to testify, except in no case shall the ombudsman, the youth's representative, or the facility's representative be excluded. The representative shall assist the juvenile delinquent at the hearing. The facility director or his designee may present any written evidence, including but not limited to clinical evaluations and incident reports, as well as any oral testimony, in support of the transfer. After presentation of the facility's evidence, the juvenile delinquent and his witnesses will present their testimony or other evidence in response. Cross-examination shall be allowed but shall be limited in the discretion of the hearing officer to relevant and nonrepititious questions. Rebuttal evidence may be presented. The hearing officer may question any witness during any presentation.

(e) The ombudsman may attend the transfer hearing on his own or at the juvenile delinquent's request.

(f) The hearing shall be tape recorded, in a manner which reasonably assures a complete and audible recording of the hearing, and the tapes and all evidence submitted to the hearing officer shall be sent to the chairperson of the Division for Youth's transfer board and shall be retained by him for two years. The tapes and documentary evidence shall be available for inspection by an attorney for the juvenile delinquent within two weeks of the hearing. If the attorney requests a transcript of the hearing or a copy of the documentary evidence, the division shall provide them within a reasonable time, but only upon written assurance by the attorney that he shall bear the costs thereof.

(g) Within 12 hours of the close of the hearing, the hearing officer shall render an oral decision. If the hearing officer finds by substantial evidence that the juvenile delinquent has been shown to be exceptionally dangerous to himself or to other persons while at the school or center; or that the juvenile delinquent has demonstrated by a pattern of behavior that he needs a more structured setting; or that the juvenile delinquent is in need of protection and that placement at another facility is unavailable or inappropriate, the hearing officer shall affirm the facility director's decision to transfer the juvenile delinquent. A finding against the school or center shall prohibit the transfer.

(h) Within five days after the hearing, the hearing officer shall prepare a written decision in which he states the evidence relied upon and the grounds for his decision. In the case of a transfer requested by the juvenile delinquent, the hearing officer shall make a finding that independent evidence exists to justify the transfer.

(i) When the written decision is rendered, a copy of it shall be given to the director of the facility in which the juvenile delinquent resides and he, or his designee, shall give a copy to the juvenile delinquent and explain the decision to the juvenile delinquent. A copy shall also be given to the youth's representative. If the decision affirms the transfer, a copy shall be sent to the youth's parents or guardian and to the Family Court which ordered the disposition.

(j) If the hearing officer affirms the decision to transfer the juvenile delinquent and the transfer is made before the written decision is rendered, the director of the secure facility or his designee shall inform the juvenile delinquent of the decision to transfer and explain the reasons to him. The youth's representative shall also be notified.