N.Y. State Administrative Procedure Act § 302: Record

§ 302. Record. 1. The record in an adjudicatory proceeding shall

include: (a) all notices, pleadings, motions, intermediate rulings; (b)

evidence presented; (c) a statement of matters officially noticed except

matters so obvious that a statement of them would serve no useful

purpose; (d) questions and offers of proof, objections thereto, and

rulings thereon; (e) proposed findings and exceptions, if any; (f) any

findings of fact, conclusions of law or other recommendations made by a

presiding officer; and (g) any decision, determination, opinion, order

or report rendered.

2. The agency shall make a complete record of all adjudicatory

proceedings conducted before it. For this purpose, unless otherwise

required by statute, the agency may use whatever means it deems

appropriate, including but not limited to the use of stenographic

transcriptions or electronic recording devices. Upon request made by any

party upon the agency within a reasonable time, but prior to the time

for commencement of judicial review, of its giving notice of its

decision, determination, opinion or order, the agency shall prepare the

record together with any transcript of proceedings within a reasonable

time and shall furnish a copy of the record and transcript or any part

thereof to any party as he may request. Except when any statute provides

otherwise, the agency is authorized to charge not more than its cost for

the preparation and furnishing of such record or transcript or any part

thereof, or the rate specified in the contract between the agency and a

contractor if prepared by a private contractor.

3. Findings of fact shall be based exclusively on the evidence and on

matters officially noticed.

4. Affirmation of truth of statement. The statement of any person

wherever made, subscribed and affirmed by that person to be true under

the penalties of perjury, may be used in an administrative proceeding in

New York in lieu of and with the same force and effect as an affidavit.

Such affirmation shall be in substantially the following form:

I affirm this ___ day of ______, ____, under the penalties of perjury

under the laws of New York, which may include a fine or imprisonment,

that the foregoing is true, and I understand that this document may be

filed in an administrative hearing.

(Signature)