US Laws, Codes, Statutes & Cases

 
    § 8-119 Hearing. a. A hearing on the complaint shall be held before an
  administrative  law judge designated by the commission. The place of any
  such hearing shall be the office of the commission or such  other  place
  as  may  be  designated  by the commission. Notice of the date, time and
  place of such hearing shall be served upon the  complainant,  respondent
  and any necessary party.
    b.  The case in support of the complaint shall be presented before the
  commission by the commission's prosecutorial bureau. The complainant may
  present additional testimony and cross-examine witnesses, in  person  or
  by  counsel,  if the complainant shall have intervened pursuant to rules
  established by the commission.
    c. The administrative law judge may, in his or her discretion,  permit
  any  person who has a substantial interest in the complaint to intervene
  as a party and may require the joinder of necessary parties.
    d. Evidence relating to endeavors at  mediation  or  conciliation  by,
  between  or  among  the  commission,  the complainant and the respondent
  shall not be admissible.
    e. If the respondent has failed to answer  the  complaint  within  the
  time   period   prescribed   in  section  8-111  of  this  chapter,  the
  administrative law judge may enter  a  default  and  the  hearing  shall
  proceed  to  determine  the  evidence  in support of the complaint. Upon
  application, the administrative law judge may,  for  good  cause  shown,
  open  a  default  in  answering,  upon  equitable  terms and conditions,
  including the taking of an oral answer.
    f. Except as otherwise provided in section 8-118 of this chapter,  the
  commission  by  its  prosecutorial bureau, a respondent who has filed an
  answer or whose default in answering has been set aside for  good  cause
  shown,  a  necessary  party,  and  a complainant or other person who has
  intervened pursuant to the rules of the commission, may appear  at  such
  hearing  in  person or otherwise, with or without counsel, cross-examine
  witnesses, present testimony and offer evidence.
    g. The commission shall not be bound by the strict rules  of  evidence
  prevailing  in  courts  of the state of New York. The testimony taken at
  the hearing shall be under oath and shall be transcribed.