N.Y. Mental Hygiene Law § 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.