Title 13 Part 52

This Part shall govern the conduct of hearings held by the Securities Bureau of the Department of Law pursuant to chapter 325, Laws of 1965; the New York Theatre Ticket Distribution Act, and as amended from time to time.

The Attorney General shall not cancel or suspend the name of any particular individual or individuals from a ticket distributor registration without giving the registrant an opportunity to be heard.

The notice of the hearing shall be in writing and shall state:

Where the Attorney General does not conduct the hearing it shall be conducted by a hearing officer appointed by and directly responsible to the Attorney General. Hearings shall be assigned to a particular hearing officer by the Attorney General or his designee.

Unless otherwise ordered by the Attorney General, in the public interest, suspension and revocation hearings held by the Attorney General shall be open to the public. Stenographic records of hearings shall be made and transcripts thereof may be furnished to any party upon payment to the stenographer of the reasonable cost thereof, as established by the Department of Law.

An application for an adjournment shall be made to the hearing officer and shall set forth in detail the grounds therefor. Adjournments may be granted in the discretion of the hearing officer where good cause exists.

The notice of hearing may be amended upon application by the trial examiner to the hearing officer at any time prior to the conclusion of the hearing. If such application is granted, the hearing officer may, in his discretion, grant additional time to the registrant for further preparation.

The hearing officer shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure in the conduct of hearings. He shall have authority to administer oaths, issue subpoenas, rule upon offers of evidence and otherwise so regulate the course of the hearings as to preserve fundamental concepts of fairness and to effectuate the purposes and provisions of the Act.

A registrant shall be afforded reasonable opportunity to present testimony under oath or other evidence relevant and material to the subject matter of the hearing and to cross-examine any witnesses who testify at such hearing. At the reasonable request of a registrant, the hearing officer shall issue subpoenas to compel the attendance of witnesses and the giving of testimony or production of other evidence. Registrant shall effect his own service.

Oral arguments shall be made only before the hearing offcer and shall be included in the record of the hearing. Such oral argument may, in the discretion of the hearing officer, be curtailed provided that a party shall be given an opportunity to submit his argument in writing. Briefs as to facts or law shall be received and may be requested to be submitted. The hearing officer may fix the time within which briefs shall be filed. Briefs received subsequent to such time need not be considered.

Upon the conclusion of a hearing the hearing officer shall, by written memorandum to the Attorney General, set forth his findings and recommendations for action by the Attorney General thereon.

The record of the hearing, together with the memorandum of the hearing officer, shall be transmitted to the Attorney General for final determination and order.

After the conclusion of a hearing but prior to the making of an order by the Attorney General, a hearing may, upon petition and in the discretion of the hearing officer, be reopened for the presentation of new evidence. Such petition to reopen the hearing shall state in detail the nature of the new evidence, together with the reasons for the failure to submit such evidence prior to the conclusion of the hearing. The hearing officer may upon his own motion and upon reasonable notice to the parties reopen a hearing for the presentation of additional evidence.

All orders of the Attorney General shall be in writing and shall be filed with the Department of Law, which shall cause certified copies thereof to be served upon the registrant.