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This entry was published on 2014-09-22
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Administrative law judges
General Municipal (GMU) CHAPTER 24, ARTICLE 14-BB
§ 382. Administrative law judges. a. The director shall appoint
administrative law judges who shall be attorneys admitted to practice in
the state of New York for at least three years and shall have such other
qualifications as may be prescribed by the director. The director may
prescribe qualifications for administrative law judges which may vary
based on the type or kind of adjudicatory hearing to which such
administrative law judge may be assigned.

b. The director may pursuant to rule establish such special units
within the bureau as are appropriate to the matters before the bureau
for adjudication.

c. An administrative law judge shall not participate in any proceeding
to which he or she is a party, in which he or she has been attorney,
counsel or representative, if he or she is related by consanguinity or
affinity to any party to the controversy within the sixth degree or
where such participation is otherwise prohibited by law. Administrative
law judges shall ensure that all hearings are conducted in a fair and
impartial manner.

d. Except as otherwise provided by law, in the conduct of an
adjudication, an administrative law judge may:

(1) hold conferences for the settlement or simplification of the
issues, provided that the settlement and dismissal of proceedings shall
be in accordance with the rules of the director;

(2) administer oaths and affirmations, examine witnesses, rule upon
offers of proof, receive evidence, and oversee, regulate, order and
enforce such discovery as is appropriate under the circumstances;

(3) upon motion of any party including an agency, or upon the
administrative law judge's own motion with consent of the respondent,
subpoena the attendance of witnesses and the production of books,
records, or other information;

(4) regulate the course of the hearing in accordance with the rules of
the bureau or other applicable law;

(5) rule on procedural requests or similar matters;

(6) make final findings of fact and final decisions, determinations or

(7) where the bureau is authorized to render a final decision,
determination or order imposing civil penalties, impose such civil
penalties. No such civil penalty shall exceed the maximum provided
under law for the violation; and

(8) take any other action authorized by law.

e. Unless inconsistent with this article, all hearings shall
substantially comply with the requirements of article three of the state
administrative procedure act.

f. An administrative law judge shall render all findings of fact,
decisions, determinations and orders in an expeditious manner.

g. Unless otherwise authorized by law and except as provided in
subdivision h of this section, an administrative law judge shall not
communicate in connection with any issue that relates in any way to the
merits of a proceeding pending before the administrative law judge with
any person except upon notice and opportunity for all parties to

h. An administrative law judge may consult on questions of law and
ministerial matters with his or her supervisor, other administrative law
judges, and support staff of the bureau, provided that such supervisors,
administrative law judges or support staff have not been engaged in
functions in connection with the adjudicatory proceeding under
consideration or a factually related proceeding.