N.Y. State Administrative Procedure Act § 306: Evidence

§ 306. Evidence. 1. Irrelevant or unduly repetitious evidence or

cross-examination may be excluded. Except as otherwise provided by

statute, the burden of proof shall be on the party who initiated the

proceeding. No decision, determination or order shall be made except

upon consideration of the record as a whole or such portion thereof as

may be cited by any party to the proceeding and as supported by and in

accordance with substantial evidence. Unless otherwise provided by any

statute, agencies need not observe the rules of evidence observed by

courts, but shall give effect to the rules of privilege recognized by

law. Objections to evidentiary offers may be made and shall be noted in

the record. Subject to these requirements, an agency may, for the

purpose of expediting hearings, and when the interests of parties will

not be substantially prejudiced thereby, adopt procedures for the

submission of all or part of the evidence in written form.

2. All evidence, including records and documents in the possession of

the agency of which it desires to avail itself, shall be offered and

made a part of the record, and all such documentary evidence may be

received in the form of copies or excerpts, or by incorporation by

reference. In case of incorporation by reference, the materials so

incorporated shall be available for examination by the parties before

being received in evidence.

3. A party shall have the right of cross-examination.

4. Official notice may be taken of all facts of which judicial notice

could be taken and of other facts within the specialized knowledge of

the agency. When official notice is taken of a material fact not

appearing in the evidence in the record and of which judicial notice

could not be taken, every party shall be given notice thereof and shall

on timely request be afforded an opportunity prior to decision to

dispute the fact or its materiality.