2021 New York Laws
GMU - General Municipal
Article 14-BB - Bureaus of Administrative Adjudication
382 - Administrative Law Judges.

§  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.