Wednesday, July 25, 2012


More on Instruction 2:

"Section 463.3. Board hearing.

(a) Any party on the appeal may make application for a hearing before the board, setting forth the reasons therefore.

(b) At any hearing granted or directed by the board, the board may limit the parties to oral arguments or, in its discretion, may permit the calling of witnesses or the introduction of further evidence. Any party on the appeal may appear in person or be represented by an attorney or agent to present argument or further evidence. On its own motion, the board may require such appearances as it deems necessary. Within the limits set by the board when it determines to permit the calling of witnesses or the introduction of further evidence, all parties and their attorney or agent shall have the right to call, examine and cross-examine parties and witnesses, and shall have the right to offer relevant documents, records and other evidence which the board may only accept into the record pursuant to the provisions of section 463.2 of this Title or subdivision (c) of this section. Parties, or their attorney or agent, shall have the right, within the purposes of the hearing set by the board, to request that subpoenas be issued to compel the appearance of relevant witnesses or the production of relevant documents, records or other evidence. They have the right to request an adjournment of the hearing for good cause shown. Translation services shall be provided to parties in accordance with established legal requirements. During the conduct of the hearing, in accordance with established legal requirements, there shall be a translation of the entire proceeding and of all relevant parts of documents introduced into evidence. At the end of the hearing, and within the limits set by the board in determining the purpose of the hearing, each party has the right to make a relevant statement to explain or clarify relevant points which may not have been adequately developed during the hearing.

(c) The board shall consider and rely on only the evidence introduced at some hearing and those facts and law of which official notice has been taken. Official notice may be taken only in situations in which judicial notice might be taken in a court proceeding and in the same manner. The board shall not consider, rely on, or refer to any document which has not been:

(1) identified, with stated opportunity for any party to examine the document and comment, on the record; and

(2) accepted for the record during some hearing before the board or an administrative law judge.

(d) All testimony shall be under oath or by affirmation and a verbatim record of the proceedings shall be made. The board may accept written statements, records or other documents submitted by parties or their representatives in lieu of testimony.

(e) Under the direction of the board member presiding, a designated member of the board staff may assist him in the conduct of a hearing.

(f) The hearing shall be held at the office of the board at New York City or elsewhere in the State as the board may designate. In the discretion of the board, hearings may be held by means of telephone conference calls.

(g) A party requesting an adjournment must establish good cause for the request. The board may, on its own motion and for good cause, adjourn the hearing. Whenever the board determines that a hearing is to be adjourned, the board must set forth on the record what constitutes the reason and the good cause for the adjournment.

(h) During the conduct of a hearing before the board, any party may request that the hearing or parts thereof be closed to the public or request that documents or parts thereof be marked as confidential. When a request for closure or confidentiality is made, all present at the hearing shall be heard on the application. Upon a showing of good cause, the board may grant such closure or confidentiality. If granted, the record and case file shall be marked to show that there is an order of closure or confidentiality, and that order shall continue in effect unless otherwise determined as a result of judicial review."

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