N.Y. Comp. Codes R. & Regs. tit. 14 § 700.9

Current through Register Vol. 46, No. 45, November 2, 2024

Section 700.9 - Responsibilities of the administrative law judge

(a) The administrative law judge shall conduct all proceedings in a fair and impartial manner.

(b) The administrative law judge shall not communicate directly or indirectly in connection with any issue that relates in any way to the merits of a pending adjudicatory proceeding with any party except upon notice and opportunity for all parties to participate.

(c) The administrative law judge shall have the power to:

(1) rule upon applications and requests, including requests for adjournments;

(2) set the date, time and place of the hearing;

(3) administer oaths and affirmations;

(4) issue subpoenas requiring the attendance and testimony of witnesses and production of books, records, and other evidence;

(5) examine witnesses;

(6) admit and exclude evidence;

(7) limit the number of times any witness may testify, repetitious examination or cross-examination, and the amount of corroborative or cumulative testimony;

(8) request and/or hear oral arguments;

(9) request written arguments; and

(10) take necessary measures for the maintenance of order and the efficient conduct of the hearing, and conduct the hearing in accordance with the requirements of due process.

(d) Consolidation and severance.

(1) In proceedings that involve common questions of fact, the administrative law judge may, upon his or her own initiative or upon application of any party, order consolidation or a joint hearing of any or all issues to avoid unnecessary delay and cost; the parties shall have the opportunity to be heard prior to issuance of such order.

(2) The administrative law judge may order a severance of a part or parts of the hearing and hear separately any issue in the proceeding to avoid prejudice or inconvenience.

(e) Adjournments.

(1) A request for an adjournment of the hearing shall be made to the administrative law judge at least three days prior to the commencement of the hearing, except for good cause shown.

(2) Adjournments may be granted by the administrative law judge for good cause.

(3) All parties shall be notified of adjournments to a specified date, time and place.

(f) The administrative law judge shall not be bound by the rules of evidence observed by courts, except the rules of privilege recognized by law.

(g) The administrative law judge may take judicial 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 notice thereof and shall on timely request be afforded an opportunity prior to decision to dispute the fact of its materiality.

(h) No administrative law judge shall preside over a proceeding in which such judge has any interest in or bias with respect to the matters involved in the proceeding or a conflict of interest with respect to the parties.

(1) If a party has a good faith basis to believe that an administrative law judge cannot render a fair and impartial decision in a particular case, such party may request that the administrative law judge recuse himself or herself. Such request must be in writing and include an affidavit indicating the specific grounds on which the party claims interest or bias.

(2) Grounds for recusal of an administrative law judge include that the administrative law judge has previously dealt with the substance of the matter which is the subject of the hearing except in the capacity of administrative law judge; or has any interest in the matter, financial or otherwise, direct or indirect, which may impair the independent judgment of the administrative law judge; or has displayed bias or partiality to any party to the hearing.

(3) The administrative law judge may independently determine to remove himself or herself from presiding at a hearing on the grounds set forth in paragraph two of this subdivision.

(4) Upon receipt of a request for recusal, the administrative law judge shall rule on the request. If the administrative law judge denies the request for recusal, a written decision shall be issued stating the reasons for his or her decision and a copy of the decision shall be provided to all parties.

(5) A ruling by the administrative law judge denying a request for recusal may be appealed to the executive director at the conclusion of the hearing.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 700.9