Powers of the hearing officer
Compiled text through Sep 15, 2021
Register checked through Jul 29, 2026
No later Register activity identified in this check.
Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- Sep 15, 2021
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- No later Register activity identified in this check.
- Source snapshot
- Jun 6, 2026
The hearing officer shall conduct the hearing in a fair and impartial manner. The hearing officer shall have the power to take the following actions:
(a)rule upon procedural motions and requests;
(b)set the time and the place of the hearing and any recesses and adjournments;
(c)administer oaths and affirmations;
(d)regulate discovery as reasonable and necessary to promote full disclosure and administrative efficiency;
(e)issue subpoenas requiring the attendance and testimony of witnesses and the production of records and other evidence upon request of a party not represented by counsel admitted to practice in New York State;
(f)upon the request of a party, quash and modify subpoenas except that in the case of a non-party witness the hearing officer my quash or modify a subpoena regardless of whether or not a party has so requested;
(g)summon and examine witnesses;
(h)admit or exclude evidence;
(i)take official notice of all facts of which judicial notice could be taken and of facts within the specialized knowledge of the agency;
(j)hear oral argument on facts and law so long as it is recorded;
(k)direct the convening of any conference required for administrative efficiency;
(l)preclude irrelevant or unduly repetitious, tangential or speculative testimony or argument;
(m)limit the length of cross-examination, length of briefs and similar matters;
(n)do all acts and take all measures necessary for the maintenance of order and efficient conduct of the hearing;
(o)act as custodian of hearing exhibits until such time as the hearing record is forwarded to the agency;
(p)prepare a hearing report if requested; and
(q)exercise any other authority available to presiding officers under article 3 of SAPA.