Title 4 Part 214

Scope

This Part applies to the required professional and courteous conduct of parties, persons, and

witnesses appearing or practicing before the agency. This Part does not include complaints about

or against agency personnel.

Misconduct defined

The term misconduct, as used in this Part, includes, but is not limited to:

to comply with the agency’s rules of procedure;

designee;

non-existent legal authority generated by artificial intelligence;

member, agency personnel, or other board designee.

Misconduct by any party, advocate or other person

an administrative law judge, board designee, or the board, may be grounds for immediate

exclusion of that person from pending agency proceedings; temporary or permanent suspension

from practice before the agency; the striking of pleadings, exhibits and/or testimony; imposition

of a requirement of pre-approval of submissions; dismissal of the charge or petition; and/or such

other remedies and relief as are appropriate under the circumstances.

regulate the course of the proceeding at any time as provided in section 212.4 of this Part.

Procedure

administrative law judge, other board designee or board where it appears there are sufficient

grounds to believe there has been misconduct, an administrative law judge, other board designee,

or the board shall notify in writing the alleged offending party, advocate or other person of the

alleged behavior perceived to be misconduct and the proposed action to be taken, and shall allow

the alleged offending party, advocate or other person at least ten (10) working days to respond.

the other parties in the proceeding respond to the notice.

case of a proceeding before an administrative law judge or other board designee, the

administrative law judge or other board designee may, in their discretion, hear the matter or may

request that the board appoint a different hearing officer. In the case of a proceeding before the

board, the board may designate a hearing officer to conduct a hearing and issue a report and

recommendation to the board.

administrative law judge, other board designee, or board shall issue a determination setting forth

the misconduct and responsive action. Such determinations will be subject to exceptions to the

board pursuant to Part 213 of this Title or, where a final order of the board, a proceeding

pursuant to section 213 of article 14 of the Civil Service Law.