2006 New York Code - Efficiency Or Fitness Examining Boards And Medical Examining Boards; Procedure.

 
    § 76. Efficiency  or  fitness  examining  boards and medical examining
  boards; procedure.  Efficiency or fitness examining boards  and  medical
  examining  boards  appointed  by the governor are hereby vested with the
  powers and immunities of courts of inquiry  and  courts-martial.    Such
  boards shall follow the practice and procedure prescribed by regulations
  issued  pursuant  to this chapter.  Any officer ordered to appear before
  such a board shall be allowed to appear in  person  or  by  counsel,  if
  provided  by  him  at his own expense, to cross-examine witnesses and to
  call witnesses on his behalf.  He shall at all stages of the  proceeding
  be allowed full access to records pertinent to his case and be furnished
  with  copies of the same.  Failure to appear before any such board shall
  be sufficient ground for a  finding  by  such  board  that  the  officer
  ordered to appear be discharged.  If the findings of any board appointed
  by  the  governor or under applicable laws and regulations of the United
  States are unfavorable to an officer and are  approved  as  provided  by
  applicable  laws  and  regulations  of  the  state or United States, the
  governor shall relieve the officer from duty and may  discharge  him  in
  such  manner  and  form as the governor may deem appropriate; or, in the
  discretion of the governor, such officer may be transferred to the state
  reserve list or the state retired list in accordance with the provisions
  of this chapter.