19 CRR-NY 941.6NY-CRR
19 CRR-NY 941.6
19 CRR-NY 941.6
941.6 Selection of hearing officer.
(a) The commission shall maintain a list of independent hearing officers in accordance with the commission’s policies and procedures.
(b) The commission shall select at random from the list of independent hearing officers a hearing officer to preside over each hearing or appeal, when applicable.
(c) Such hearing officer shall not have any conflict of interest in the matter being heard before him or her. The hearing officer shall not sit as a hearing officer in a matter to which he or she is a party; or in which he or she has been attorney or counsel; or in which he or she is interested; or if he or she is related to any party or witness in the matter; or in any circumstance where there is conflict of interest.
(d) In the event of a hearing officer's death, resignation, removal, termination of employment, disability, or inability or failure to make a written finding and recommendation within the time period allowed after the completion of the hearing, the commission may direct that all of the evidence taken at the hearing be submitted to the commission for decision.
19 CRR-NY 941.6
Current through October 31, 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.