New York § 32.23 Formal hearings; procedure

New York Statutes

§ 32.23 — Formal hearings; procedure

New York § 32.23

Law MHYMental Hygiene

Title EGeneral Provisions

Art. 32Regulation and Quality Control of Chemical Dependence Services and Compulsive Gambling Services

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Bluebook

N.Y. Mental Hygiene § 32.23 (2026).

Text

§ 32.23 Formal hearings; procedure.\n  (a) Unless otherwise provided by law, when a hearing must be afforded\npursuant to this article, the hearing shall be held without undue delay\nand all parties shall be given reasonable notice of the time, place, and\nnature of the hearing.\n  (b) The commissioner, acting as hearing officer, or any person\ndesignated by him or her as hearing officer shall have power to:\n  1. administer oaths and affirmations;\n  2. issue subpoenas, which shall be regulated by the civil practice law\nand rules;\n  3. take testimony; and\n  4. control the conduct of the hearing.\n  (c) The rules of evidence observed by the courts need not be observed\nexcept that the rules of privilege and confidentiality recognized by law\nshall be respected. Irrelevant or unduly repe

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§ 32.23 Formal hearings; procedure.\n (a) Unless otherwise provided by law, when a hearing must be afforded\npursuant to this article, the hearing shall be held without undue delay\nand all parties shall be given reasonable notice of the time, place, and\nnature of the hearing.\n (b) The commissioner, acting as hearing officer, or any person\ndesignated by him or her as hearing officer shall have power to:\n 1. administer oaths and affirmations;\n 2. issue subpoenas, which shall be regulated by the civil practice law\nand rules;\n 3. take testimony; and\n 4. control the conduct of the hearing.\n (c) The rules of evidence observed by the courts need not be observed\nexcept that the rules of privilege and confidentiality recognized by law\nshall be respected. Irrelevant or unduly repetitious evidence may be\nexcluded.\n (d) All parties shall have the right to counsel and be afforded an\nopportunity to present evidence and cross-examine adverse witnesses.\n (e) If evidence at the hearing relates to the identity, condition, or\nclinical record of a patient, the hearing officer may exclude all\npersons from the room except parties to the proceeding, their counsel\nand the witnesses. The record of such proceeding shall not be available\nto anyone outside the office other than a party to the proceeding or his\nor her counsel, except by order of a court of record.\n (f) If a hearing officer has been designated, within twenty days of\nreceipt of the stenographic transcript or the date fixed for submission\nof written memoranda, whichever is later, the hearing officer shall\nsubmit a final report of findings and a proposed order to the\ncommissioner, along with the entire record of the hearing.\n (g) The commissioner shall issue a determination within ten business\ndays after the termination of the hearing or, if a hearing officer has\nsubmitted a report in accordance with subdivision (f) of this section,\nwithin ten business days from receipt of such officer's report.\n (h) The commissioner may establish regulations to govern the hearing\nprocedure and the process of determination of the proceeding.\n