N.Y. State Administrative Procedure Act § 303: Presiding officers

§ 303. Presiding officers. Except as otherwise provided by statute,

the agency, one or more members of the agency, or one or more hearing

officers designated and empowered by the agency to conduct hearings

shall be presiding officers. Hearings shall be conducted in an

impartial manner. Upon the filing in good faith by a party of a timely

and sufficient affidavit of personal bias or disqualification of a

presiding officer, the agency shall determine the matter as part of the

record in the case, and its determination shall be a matter subject to

judicial review at the conclusion of the adjudicatory proceeding.

Whenever a presiding officer is disqualified or it becomes impractical

for him to continue the hearing, another presiding officer may be

assigned to continue with the case unless it is shown that substantial

prejudice to the party will result therefrom.