Laws of New York (Last Updated: November 21, 2014) |
NYC New York City Charter |
Chapter 45-A. OFFICE OF ADMINISTRATIVE TRIALS AND HEARINGS |
Section 1049. Powers of the chief administrative law judge
Latest version.
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1. The chief administrative law judge shall have authority to direct the office established pursuant to section one thousand forty-eight with respect to its management and structure and to appoint a staff of administrative law judges. Each administrative law judge shall be an attorney admitted to practice in the state of New York for at least five years. Each administrative law judge shall be appointed for a term of five years removable only for cause after notice and opportunity for a hearing on a record. 2. (a) The chief administrative law judge shall establish rules for the conduct of hearings, in accordance with the requirements of chapter forty-five of the charter. (b) In conjunction with the mayor and in accordance with the requirements of section thirteen-a of the charter, the chief administrative law judge shall promulgate and may from time to time amend rules establishing a code or codes of professional conduct governing the activities of all administrative law judges and hearings officers in city tribunals. 3. In the conduct of an adjudication, an administrative law judge may: (a) hold conferences for the settlement or simplification of the issues; (b) administer oaths and affirmations, examine witnesses, rule upon offers of proof, receive evidence, and oversee and regulate discovery procedures; (c) upon the request of an agency or any party, or upon the administrative law judge's own volition, subpoena the attendance of witnesses and the production of books, records, or other information; (d) regulate the course of the hearing in accordance with agency rules and chapter forty-five of the charter, provided that if agency rules are silent as to a particular matter, the rules of the office of administrative trials and hearings shall apply; (e) dispose of procedural requests or similar matters; (f) make recommended or final findings of fact or decisions, determinations or orders, as authorized by law; (g) take any other action authorized by law or agency rule consistent therewith.