9 CRR-NY 9740.7NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 9. EXECUTIVE DEPARTMENT
SUBTITLE KK. PROGRAM FOR ELDERLY PHARMACEUTICAL INSURANCE COVERAGE
PART 9740. THE FAIR HEARING PROCESS
9 CRR-NY 9740.7
9 CRR-NY 9740.7
9740.7 Fair hearing procedures.
(a) Technical rules of evidence followed in a court of law shall not be followed, but evidence must be relevant and material.
(b) Irrelevant and unduly repetitious testimony and cross-examination may be excluded at the discretion of the hearing officer.
(c) The appellant shall have the burden of showing that its determination after reconsideration was incorrect.
(d) Records and documents in the possession of the contractor may be admitted as complete photocopies; however, the originals shall be available to the appellant or his/her representative for inspection at the direction of the hearing officer.
(e) The decision must be supported by and in accordance with substantial evidence.
9 CRR-NY 9740.7
Current through September 15, 2021
End of Document

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.