(i) administer oaths and affirmations;

(ii) on their own motion, at the discretion of the administrative law judge or at the request of any party, sign and issue subpoenas requiring attendance and giving of testimony by witnesses and the production of books, papers, documents and other evidence, and said subpoenas shall be regulated by the Civil Practice Law and Rules. Nothing herein contained shall affect the authority of an attorney for a party to issue such subpoenas under the provisions of the Civil Practice Law and Rules;

(iii) provide for the taking of testimony by deposition and to fix appropriate terms and conditions therefor;

(iv) regulate the course of the hearings, set the time and place for continued hearings, and fix the time for filing of briefs and other documents; and

(v) request that the parties appear and confer to consider the simplification of the issues, or direct appearance for the clarification of issues.

(i) The administrative law judge shall not be bound by common law or statutory rules of evidence or by technical or formal rules or procedure. The administrative law judge shall conduct the hearing in such order and manner and with such methods of proof and interrogation as he deems appropriate to ascertain the substantial rights of the parties. All parties shall be accorded full opportunity to present such testimony and to introduce documentary or other evidence as may be pertinent. At the commencement of the hearing, the administrative law judge shall identify all parties present and may make an opening statement describing the nature of the proceeding, the issues, and the manner in which the hearing shall be conducted. No administrative law judge shall participate in any hearing in which he has an interest. If a party files a timely and sufficient affidavit of personal bias or disqualification of an administrative law judge, the matter shall be referred to and decided by the chief administrative law judge or, in the absence of the chief administrative law judge, by the deputy counsel or an assistant deputy counsel. Challenges to the chief administrative law judge shall be referred to and decided by the deputy counsel for rent administration or by an assistant deputy counsel. The hearing shall generally be conducted in accordance with the New York State Civil Service Commission publication, Revised Manual No. 16 (1972), entitled: Manual for Hearing Officers in Administrative Adjudication in the State of New York, authored by Louis J. Naftalison.

(ii) Appearances.

(iii) New parties.

(iv) Who shall conduct. Hearings shall be conducted by an administrative law judge designated by the DHCR. No person who shall have previously made the investigation, engaged in a prior formal conciliation proceeding or caused the notice of charges to be issued, shall act as an administrative law judge in such case.

(v) Procedure.

(vi) Stipulations. Written stipulations may be introduced in evidence if signed by the person sought to be bound thereby or by that person's attorney-at-law. Oral stipulations may be made on the record at open hearing. The entire record may be in the form of a stipulation, submitted to the designated administrative law judge or the chief administrative law judge without the convening of a hearing.

(vii) Continuations, adjournments and substitutions of administrative law judge.

(viii) The chief administrative law judge or the administrative law judge may sever a case or may consolidate two or more proceedings which have at least one ground in common where the interests of justice will be served and where there will be no prejudice to the substantial rights of any party. If two or more proceedings are consolidated, any applicable rules set forth herein shall apply.

(ix) The DHCR and parties, or their duly authorized representatives, may stipulate that a specified case involving an issue affecting in common certain claimants be designated as a test case, and that the parties be bound by any decision in such case, subject to the right of appeal. The stipulation shall be filed with the administrative law judge.

(x) Information from the DHCR's records may be officially noticed, and the case file, except for privileged items contained therein, shall be made available by the administrative law judge to the parties to the hearing or their attorneys for the necessary preparation and presentation of the case. All parties shall have the right to call, examine and cross-examine other parties and witnesses with regard to such information. The administrative law judge may take official notice of all facts of which judicial notice could be taken and of other facts within the specialized knowledge of the agency. When official notice is taken of a material fact not appearing in the evidence in the record, and of which judicial notice could not be taken, every party shall be given prior notice thereof and afforded an opportunity to dispute the fact or refute its materiality.

(xi) Motions and objections. Motions made during a hearing and objections with respect to the conduct of a hearing, including objections to the introduction of evidence, shall be stated orally, and shall be included in the record made of the hearing.

(xii) Oral arguments and briefs. The administrative law judge may permit the parties, their attorneys or representatives, the DHCR attorney, if any, and intervenors and interested organizations, to argue orally and to file briefs within such time limits as the administrative law judge may determine. All such briefs shall be filed in duplicate with the administrative law judge, with proof of service upon all counsel in the proceeding and parties appearing without counsel.

(xiii) Public hearings. Hearings shall be open to the public. The administrative law judge may exclude from the hearing room or from further participation in the proceeding any person who engages in improper conduct at the hearing or otherwise disrupts the proceeding, except a party to the proceeding, an attorney of record, or a witness engaged in testifying. In addition, the administrative law judge may take such other actions as are necessary to insure the proper conduct of the hearing.

(xiv) Incomplete record. The commissioner, the district rent administrator or the administrative law judge may, on a finding that the record is incomplete or fails to provide the basis for an informed decision, direct further hearing sessions for the taking of additional evidence or for other purposes. Such direction may be on the commissioner's or district rent administrator's or administrative law judge's own motion or on application of a party.

(xv) Ex parte communications. No person shall communicate with the administrative law judge subsequent to the commencement of a hearing on any matter relating to the case, other than a status inquiry, unless a copy of such communication is sent to all parties to the proceeding. If such a communication is made in violation of this rule, a copy of the communication, or a written summary if the communication was oral, shall be sent to all the parties by the administrative law judge.

(xvi)

(xvii) Whenever any deaf person is a party to a hearing before the DHCR or a witness therein, the DHCR in all instances shall appoint a qualified interpreter of the deaf to interpret the proceedings to and the testimony of such deaf person. The DHCR shall determine a reasonable fee for all such interpreting services, which shall be a charge upon the agency.

(xviii) Investigation. Whenever an investigation, inspection, inquiry or other examination is necessary in deciding a case, the chief administrative law judge or an administrative law judge may request such investigation, inspection, inquiry or other examination to be made. A hearing may be adjourned pending receipt of the report of such investigation, inspection, inquiry, audit or examination. The provisions of subparagraph (x) of this paragraph shall apply to such report.

(xix) After the hearing is concluded, the administrative law judge shall review the evidence and briefs, if any, submitted by the parties, determine the credibility of the witnesses, and shall propose findings of fact relevant to the issues of the hearing. The administrative law judge shall prepare an official report which includes a summary of the testimony of the hearing, as well as proposed findings and conclusions, and shall prepare a proposed order for the commissioner or district rent administrator.