2015 New York Laws
MHY - Mental Hygiene
Title E - GENERAL PROVISIONS
Article 31 - (31.01 - 31.37) REGULATION AND QUALITY CONTROL OF SERVICES FOR THE MENTALLY DISABLED
31.17 - Formal hearings; procedure.

31.17 Formal hearings; procedure.
(a)  When  a  hearing  must  be afforded pursuant to this chapter, the
  hearing shall be held without undue delay and all parties shall be given
  reasonable notice of the time, place, and nature of the hearing.
(b) The  commissioner,  acting  as  hearing  officer,  or  any  person
  designated by him as hearing officer shall have power to:
1. administer oaths and affirmations.
2. issue subpoenas, which shall be regulated by the civil practice law
  and rules.
3. take testimony.
4. control the conduct of the hearing.
(c)  The  rules  of  evidence  observed by courts need not be observed
  except that the rules of privilege recognized by law shall be respected.
  Irrelevant or unduly repetitious evidence may be excluded.
(d) All parties shall have the right to counsel  and  be  afforded  an
  opportunity to present evidence and cross-examine adverse witnesses.
(e)  If evidence at the hearing relates to the identity, condition, or
  clinical record of a  patient,  the  hearing  officer  may  exclude  all
  persons  from  the  room except parties to the proceeding, their counsel
  and the witnesses. The record of such proceeding shall not be  available
  to anyone outside the department other than a party to the proceeding or
  his counsel, except by order of a court of record.
(f)  The  commissioner may establish regulations to govern the hearing
  procedure and the process of determination of the proceeding.
(g) The commissioner shall issue a ruling within ten  days  after  the
  termination of the hearing or, if a hearing officer has been designated,
  within ten days from the hearing officer's report.
(h)  The  hearing  officer shall submit an initial report and proposed
  order in writing to the commissioner within sixty days of the conclusion
  of the hearings.