§ 382 — Administrative law judges

§ 382. Administrative law judges. a. The director shall appoint\nadministrative law judges who shall be attorneys admitted to practice in\nthe state of New York for at least three years and shall have such other\nqualifications as may be prescribed by the director. The director may\nprescribe qualifications for administrative law judges which may vary\nbased on the type or kind of adjudicatory hearing to which such\nadministrative law judge may be assigned.\n b. The director may pursuant to rule establish such special units\nwithin the bureau as are appropriate to the matters before the bureau\nfor adjudication.\n c. An administrative law judge shall not participate in any proceeding\nto which he or she is a party, in which he or she has been attorney,\ncounsel or representative, if he or she is related by consanguinity or\naffinity to any party to the controversy within the sixth degree or\nwhere such participation is otherwise prohibited by law. Administrative\nlaw judges shall ensure that all hearings are conducted in a fair and\nimpartial manner.\n d. Except as otherwise provided by law, in the conduct of an\nadjudication, an administrative law judge may:\n (1) hold conferences for the settlement or simplification of the\nissues, provided that the settlement and dismissal of proceedings shall\nbe in accordance with the rules of the director;\n (2) administer oaths and affirmations, examine witnesses, rule upon\noffers of proof, receive evidence, and oversee, regulate, order and\nenforce such discovery as is appropriate under the circumstances;\n (3) upon motion of any party including an agency, or upon the\nadministrative law judge's own motion with consent of the respondent,\nsubpoena the attendance of witnesses and the production of books,\nrecords, or other information;\n (4) regulate the course of the hearing in accordance with the rules of\nthe bureau or other applicable law;\n (5) rule on procedural requests or similar matters;\n (6) make final findings of fact and final decisions, determinations or\norders;\n (7) where the bureau is authorized to render a final decision,\ndetermination or order imposing civil penalties, impose such civil\npenalties. No such civil penalty shall exceed the maximum provided\nunder law for the violation; and\n (8) take any other action authorized by law.\n e. Unless inconsistent with this article, all hearings shall\nsubstantially comply with the requirements of article three of the state\nadministrative procedure act.\n f. An administrative law judge shall render all findings of fact,\ndecisions, determinations and orders in an expeditious manner.\n g. Unless otherwise authorized by law and except as provided in\nsubdivision h of this section, an administrative law judge shall not\ncommunicate in connection with any issue that relates in any way to the\nmerits of a proceeding pending before the administrative law judge with\nany person except upon notice and opportunity for all parties to\nparticipate.\n h. An administrative law judge may consult on questions of law and\nministerial matters with his or her supervisor, other administrative law\njudges, and support staff of the bureau, provided that such supervisors,\nadministrative law judges or support staff have not been engaged in\nfunctions in connection with the adjudicatory proceeding under\nconsideration or a factually related proceeding.\n