2019 New York Laws
GMU - General Municipal
Article 14-BB - Bureaus of Administrative Adjudication
382 - Administrative Law Judges.

Universal Citation: NY Gen Mun L § 382 (2019)
ยง  382.  Administrative  law  judges.  a.  The  director shall appoint
administrative law judges who shall be attorneys admitted to practice in
the state of New York for at least three years and shall have such other
qualifications as may be prescribed by the director.  The  director  may
prescribe  qualifications  for  administrative law judges which may vary
based on the  type  or  kind  of  adjudicatory  hearing  to  which  such
administrative law judge may be assigned.
  b.  The  director  may  pursuant  to rule establish such special units
within the bureau as are appropriate to the matters  before  the  bureau
for adjudication.
  c. An administrative law judge shall not participate in any proceeding
to  which  he  or  she is a party, in which he or she has been attorney,
counsel or representative, if he or she is related by  consanguinity  or
affinity  to  any  party  to  the controversy within the sixth degree or
where such participation is otherwise prohibited by law.  Administrative
law judges shall ensure that all hearings are conducted in  a  fair  and
impartial manner.
  d.  Except  as  otherwise  provided  by  law,  in  the  conduct  of an
adjudication, an administrative law judge may:

(1) hold conferences for the settlement or simplification of the issues, provided that the settlement and dismissal of proceedings shall be in accordance with the rules of the director;

(2) administer oaths and affirmations, examine witnesses, rule upon offers of proof, receive evidence, and oversee, regulate, order and enforce such discovery as is appropriate under the circumstances;

(3) upon motion of any party including an agency, or upon the administrative law judge's own motion with consent of the respondent, subpoena the attendance of witnesses and the production of books, records, or other information;

(4) regulate the course of the hearing in accordance with the rules of the bureau or other applicable law;

(5) rule on procedural requests or similar matters;

(6) make final findings of fact and final decisions, determinations or orders;

(7) where the bureau is authorized to render a final decision, determination or order imposing civil penalties, impose such civil penalties. No such civil penalty shall exceed the maximum provided under law for the violation; and

(8) take any other action authorized by law. e. Unless inconsistent with this article, all hearings shall substantially comply with the requirements of article three of the state administrative procedure act. f. An administrative law judge shall render all findings of fact, decisions, determinations and orders in an expeditious manner. g. Unless otherwise authorized by law and except as provided in subdivision h of this section, an administrative law judge shall not communicate in connection with any issue that relates in any way to the merits of a proceeding pending before the administrative law judge with any person except upon notice and opportunity for all parties to participate. h. An administrative law judge may consult on questions of law and ministerial matters with his or her supervisor, other administrative law judges, and support staff of the bureau, provided that such supervisors, administrative law judges or support staff have not been engaged in functions in connection with the adjudicatory proceeding under consideration or a factually related proceeding.

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