§ 32-02 Hearing Procedures.
(a) The Hearing Procedures in this 15 RCNY § 32-02 shall apply to the hearings referred to in 15 RCNY § 32-01.
(b) Hearing procedures.
(1) All parties shall be given reasonable notice of the hearing, including a statement of the nature of the proceeding and the time and place it will be held, a statement of the legal authority and jurisdiction under which the hearing is to be held, and a reference to the particular section of the law and rules involved, and a short statement of the matters to be heard, including reference to the particular law and rules involved.
(2) The party who initiated the Proceeding has the burden of proving the facts claimed by a preponderance of the relevant evidence.
(3) All parties shall be afforded due process of law, including the opportunity to be represented by counsel, to issue subpoenas or request that subpoenas be issued to call witnesses, to examine and cross-examine witnesses, to make factual or legal arguments orally or in writing, to present evidence in support of their claims and to have other rights essential for due process and a fair hearing.
(4) Testimony given and other proceedings had at a hearing shall be recorded verbatim. For this purpose, the Department may use whatever means it deems appropriate, including but not limited to the use of stenographic transcriptions or recording devices.
(i) Depending on the means used, a copy of the Department's transcription may be available at reasonable cost to the parties.
(ii) When such a copy will not be available, the parties may arrange for a transcript at their own expense.
(5) Translation services shall be made available for all hearings held under this chapter except for hearings regarding the possible suspension or revocation of an asbestos handler supervisor certificate or an asbestos investigator certificate, which shall be held in English only.
(c) Hearing officer.
(1) The hearing officer shall have power to:
(i) rule upon motions and requests;
(ii) set the time and place of hearing;
(iii) administer oaths and affirmations;
(iv) summon and examine witnesses;
(v) admit or exclude evidence;
(vi) hear argument on facts or law;
(vii) do all acts and take all measures necessary for the maintenance of order and efficient conduct of the hearing.
(2) The hearing officer shall admit all relevant, competent, and material evidence, except where such evidence is unduly repetitious, or where its value as proof is substantially outweighed by a potential for unfair prejudice, confusion of the issue, undue delay, waste of time or needless presentation of the repetitious or duplicative evidence. Adherence to the formal rules of evidence is not required.
(3) Report.
(i) The hearing officer shall prepare and submit a report to the Commissioner for her/his review, which shall contain proposed findings of fact and recommended decisions.
(ii) Such report shall be submitted within thirty (30) business days of the close of the record.
(d) Final determination.
(1) Within a reasonable time after receipt of the hearing officer's report, the Commissioner, or his/her designee, shall make a final determination, based on the hearing officer's report and on the record.
(2) A copy of the final determination and order shall be served personally or by certified or registered mail or by email to an address supplied by any party at the hearing with the written consent of such party, or, when applicable, in accordance with §§ 24-115 or 24-213 of the Administrative Code of the City of New York, to all parties to the proceeding.
(3) At any time prior to the issuance of the final determination of the Commissioner, or his/her designee, the Department may enter into a stipulation or consent order with any party. Such a stipulation or consent order may be used as factual evidence in a later proceeding brought by the Department against such party.
(Amended City Record 8/27/2015, eff. 8/27/2015; amended City Record 2/2/2017, eff. 3/4/2017)
