9 CRR-NY 9740.3NY-CRR
9 CRR-NY 9740.3
9 CRR-NY 9740.3
9740.3 Scheduling and adjourning the hearing.
(a) The hearing shall be held at a time and place convenient to the appellant as far as practicable, taking into account circumstances such as the physical inability of the applicant to travel to the regular hearing location.
(b) Upon request, an appellant or the contractor may have the fair hearing rescheduled to another date upon a showing of good cause.
(c) The hearing officer may adjourn the hearing when he/she believes that due process rights of an appellant would best be served by adjourning the fair hearing or if there are special circumstances which make proceeding with the case fundamentally unfair.
(d) Requests to adjourn a fair hearing made prior to the date of the fair hearing must be made to the department in accordance with the instructions in the notice of fair hearing. Requests for adjournments made on the day of the fair hearing must be made on the record to the hearing officer.
9 CRR-NY 9740.3
Current through September 15, 2021
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IMPORTANT NOTE REGARDING CONTENT CURRENCY: JULY 31, 2023, 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 Admisnistrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of the NYS Rules.