§ 302 — Record

New York § 302

• Jurisdiction: New York
• Law SAP: State Administrative Procedure Act
• Art. 3: Adjudicatory Proceedings

Text

§ 302. Record. 1. The record in an adjudicatory proceeding shall\ninclude: (a) all notices, pleadings, motions, intermediate rulings; (b)\nevidence presented; (c) a statement of matters officially noticed except\nmatters so obvious that a statement of them would serve no useful\npurpose; (d) questions and offers of proof, objections thereto, and\nrulings thereon; (e) proposed findings and exceptions, if any; (f) any\nfindings of fact, conclusions of law or other recommendations made by a\npresiding officer; and (g) any decision, determination, opinion, order\nor report rendered.\n 2. The agency shall make a complete record of all adjudicatory\nproceedings conducted before it. For this purpose, unless otherwise\nrequired by statute, the agency may use whatever means it deems\nappropriate, including but not limited to the use of stenographic\ntranscriptions or electronic recording devices. Upon request made by any\nparty upon the agency within a reasonable time, but prior to the time\nfor commencement of judicial review, of its giving notice of its\ndecision, determination, opinion or order, the agency shall prepare the\nrecord together with any transcript of proceedings within a reasonable\ntime and shall furnish a copy of the record and transcript or any part\nthereof to any party as he may request. Except when any statute provides\notherwise, the agency is authorized to charge not more than its cost for\nthe preparation and furnishing of such record or transcript or any part\nthereof, or the rate specified in the contract between the agency and a\ncontractor if prepared by a private contractor.\n 3. Findings of fact shall be based exclusively on the evidence and on\nmatters officially noticed.\n 4. Affirmation of truth of statement. The statement of any person\nwherever made, subscribed and affirmed by that person to be true under\nthe penalties of perjury, may be used in an administrative proceeding in\nNew York in lieu of and with the same force and effect as an affidavit.\nSuch affirmation shall be in substantially the following form:\n I affirm this ___ day of ______, ____, under the penalties of perjury\nunder the laws of New York, which may include a fine or imprisonment,\nthat the foregoing is true, and I understand that this document may be\nfiled in an administrative hearing.\n (Signature)\n