N.Y. Comp. Codes R. & Regs. tit. 6 § 624.10

Current through Register Vol. 46, No. 39, September 25, 2024

Section 624.10 - Ex parte rule

(a) Except as provided below, an ALJ must not directly or through a representative, communicate with any person in connection with any issue that relates in any way to the merits of the proceeding without providing notice and an opportunity for all parties to participate.

(b) An ALJ may consult on questions of law or procedures with supervisors or other staff of the Office of Hearings and Mediation Services, provided that the supervisors or staff have not been engaged in investigative or prosecutorial functions in connection with the adjudicatory proceeding under consideration or a factually related adjudicatory proceeding.

(c) An ALJ, the Chief ALJ and the deputy commissioner for hearings and mediation services may communicate with any person on ministerial matters, such as scheduling or the location of a hearing or issues conference.

(d) Parties or their representatives must not communicate with the ALJ, the Chief ALJ, the commissioner or the deputy commissioner for hearings and mediation services in connection with any issue without providing proper notice to all the other parties.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 624.10

Amended New York State Register September 16, 2020/Volume XLII, Issue 37, eff. 9/16/2020

Adopted New York State Register August 21, 2024/Volume XLVI, Issue 34, eff. 8/21/2024