2017 New York Laws
MHY - Mental Hygiene
Title E - General Provisions
Article 32 - Regulation and Quality Control of Chemical Dependence Services and Compulsive Gambling Services.
32.23 - Formal Hearings; Procedure.

32.23 Formal hearings; procedure.
(a)  Unless otherwise provided by law, when a hearing must be afforded
  pursuant to this article, 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 or her 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; and
4. control the conduct of the hearing.
(c) The rules of evidence observed by the courts need not be  observed
  except that the rules of privilege and confidentiality 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 office other than a party to the proceeding or his
  or her counsel, except by order of a court of record.
(f)  If  a  hearing officer has been designated, within twenty days of
  receipt of the stenographic transcript or the date fixed for  submission
  of  written  memoranda,  whichever  is  later, the hearing officer shall
  submit  a  final  report  of  findings  and  a  proposed  order  to  the
  commissioner, along with the entire record of the hearing.
(g)  The  commissioner shall issue a determination within ten business
  days after the termination of the hearing or, if a hearing  officer  has
  submitted  a  report in accordance with subdivision (f) of this section,
  within ten business days from receipt of such officer's report.
(h) The commissioner may establish regulations to govern  the  hearing
  procedure and the process of determination of the proceeding.