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(a) Notice of demand. After all pleadings have been served, a party may wish the adverse party to supply further details of the allegations in a pleading, to prevent surprise at the hearing and to limit the scope of the proof. For this purpose, a party may serve written notice on the adverse party demanding a bill of particulars within 60 days of the date on which the last pleading was served.
(b) Demand for a bill. The written demand for a bill of particulars must state the items concerning which such particulars are demanded. If the party upon whom such demand is served is unwilling to give such particulars, such party may, in writing to the chief administrative law judge, make a motion to vacate or modify such demand within 60 days of receipt thereof. The motion to vacate or modify should be supported by papers that specify clearly the objections and the grounds for objection. If no such motion is made, the bill of particulars demanded shall be served within 60 days of the demand, unless the administrative law judge designated by the tribunal shall direct otherwise.
(c) Penalty for default. In the event a party fails to furnish a bill of particulars or furnishes a defective bill of particulars, the administrative law judge designated by the tribunal may, upon motion by the adverse party, preclude the party from giving evidence at the hearing of items of which particulars have not been delivered, or the administrative law judge may direct the service of a further bill. In the absence of special circumstances, a motion for such relief shall be made within 30 days of the receipt of the bill claimed to be insufficient, or, in the case of a failure to furnish a bill of particulars, within 30 days of the end of the period within which the bill was required to be served. A preclusion order may provide that it shall be effective unless a proper bill is served within a specified time.
(a) Request for admissions. At any time after service of the answer and not later than 20 days before the hearing, a party may serve upon any other party a written request for admission of the following:
(1) the genuineness of any papers or documents;
(2) the correctness or fairness of representation of any photographs described in and served with the request; or
(3) the truth of any matters of fact set forth in the request. The request shall include a statement that it pertains to matters as to which the party making such request reasonably believes there can be no substantial dispute at the hearing. Copies of any relevant papers, documents, or photographs shall be served with the request unless copies have already been furnished.
(b) Response to request for admissions. The party to whom the request to admit is directed may choose to respond by serving a statement expressly admitting the matters in question. However, such party is deemed to admit each of the matters as to which an admission was properly requested unless, within 20 days of service of the request, or within such further time as the chief administrative law judge may allow, such party to whom the request is directed serves upon the party requesting the admission a verified statement:
(1) denying specifically the matters as to which an admission is requested;
(2) setting forth in detail the reasons that those matters cannot be truthfully admitted or denied; or
(3) setting forth a claim in detail that the matters as to which an admission is requested cannot be fairly admitted without some material qualification or explanation, that the matters constitute a trade secret or are privileged, or that such party would be disqualified from testifying concerning them. Where the claim is that the matters cannot be fairly admitted without some material qualification or explanation, the party must admit the matters with such qualification or explanation.
(c) Effect of admissions. Any admission made, or deemed to be made, by a party pursuant to a request made under this section shall be binding and have effect only in the pending proceeding and not for any other purpose, and it shall not be used against the party making the admission in any other proceeding in the tribunal. The administrative law judge designated by the tribunal may, at any time, allow a party to amend or withdraw any admission on such terms as may be just. Any admission shall be subject to all pertinent objections to admissibility that may be interposed at a hearing.
(d) Requests to produce and motions to compel production.
(1) Written requests for production of documents and witnesses and for inspection of real evidence to be introduced at the hearing may be directed by any party to any other party.
(2) The party upon whom the request is served shall, within 30 days of service of the request, produce each item requested or indicate the availability of the witnesses except for those items for which a written objection is served on the requestor. Upon application to the administrative law judge, the party upon whom the request is served shall be granted additional time to respond to such request upon good cause shown.
(3) To obtain a ruling on an objection by the responding party, on a failure to respond or on a failure to produce requested information, the requesting party shall file an appropriate motion with the administrative law judge and shall annex thereto its request, with proof of service on the other party, together with the response and objections, if any.
(4) The administrative law judge may deny the motion to produce, order compliance with the production request, or take other appropriate action. Failure to comply with an order compelling production may result in imposition of appropriate sanctions upon the noncomplying party or attorney, such as preclusion of witnesses or evidence, drawing of adverse inferences, or, under exceptional circumstances, removal of the case from the calendar, dismissal of the petition, or determination of default.
(5) Production pursuant to this subdivision shall be completed no later than 15 days prior to the date of the hearing, unless otherwise authorized by the administrative law judge.
(e) Depositions to perpetuate testimony. A party to a case pending in the tribunal, who wishes to perpetuate his or her own testimony or that of any other person or to preserve any document or thing, shall file an application pursuant to this section for an order of an administrative law judge authorizing such party to take a deposition for such purpose. Such depositions shall be taken only where there is a substantial risk that the person or document or thing involved will not be available at the hearing of the case, and shall relate only to testimony or a document or thing which is not privileged and is material to a matter in controversy.
(1) Content of application. The application to take a deposition shall be signed by the party seeking the deposition or its representative and shall show the following:
(i) the names and addresses of the persons to be examined;
(ii) the reasons for deposing those persons rather than waiting to call them as witnesses at the hearing;
(iii) the substance of the testimony which the party expects to elicit from each of those persons;
(iv) a statement showing how the proposed testimony or document or thing is material to a matter in controversy;
(v) a statement describing any books, papers, documents, or tangible things to be produced at the deposition by the persons to be examined;
(vi) the time and place proposed for the deposition;
(vii) the officer before whom the deposition is to be taken;
(viii) the date on which the petition was filed with the tribunal;
(ix) any provision desired with respect to payment of costs, charges, or expenses relating to the deposition (see subdivision (6) of this section);and,
(x) if the applicant proposes to videotape the deposition, the application shall so state and shall show the names and addresses of the videotape operator and his or her employer.
(2) Filing and disposition of application. The application may be filed with the tribunal at any time after the petition is filed. The application shall be made to the administrative law judge assigned to the case or, if no administrative law judge has yet been assigned, to the chief administrative law judge. The applicant shall serve a copy of the application on each of the other parties to the case, as well as on such other persons as are to be examined pursuant to the application, and shall file with the application a certificate showing such service. Such other parties or persons shall file their objections or other response, with a certificate of service thereof on the other parties and such other persons, within 15 days of such service of the application. A hearing on the application will be held only if directed by the administrative law judge. Unless the administrative law judge determines otherwise for good cause shown, an application to take a deposition shall not be regarded as sufficient ground for granting an adjournment from a date of hearing theretofore set. If the administrative law judge approves the taking of a deposition, he will issue an order which will include in its terms the name of the person to be examined, the time and place of the deposition, and the officer before whom it is to be taken. If the deposition is to be videotaped, the administrative law judge's order will so state.
(3) Use of stipulation. The parties or their counsel may execute and file a stipulation to take a deposition by agreement instead of filing an application as hereinabove provided. Such a stipulation shall be filed with the chief administrative law judge in duplicate and shall contain the same information as is required in subparagraphs (i), (vi), (vii), (ix) and (x) of paragraph (1) of this subdivision, but shall not require the approval or an order of the administrative law judge unless the effect would be to delay the hearing of the case. A deposition taken pursuant to a stipulation shall in all respects conform to the requirements of this section.
(4) Person before whom deposition taken. Depositions shall be taken before an officer, other than a party, or the attorney or employee of a party, authorized to administer oaths by the laws of the place where the examination is held.
(5) Arrangements. All arrangements necessary for the taking of the deposition shall be made by the party filing the application or, in the case of a stipulation, by such other persons as may be agreed upon by the parties.
(6) Expenses. The party taking the deposition shall pay all the costs, charges, or expenses of the witness whose deposition is taken by him or her, any charges of the officer presiding at or recording the deposition other than for copies of the deposition, and any expenses involved in providing a place for the deposition. The party taking the deposition shall pay for the original of the deposition and also furnish a copy of the deposition to any party or the deponent. By stipulation between the parties, provision may be made for any costs, charges or expenses relating to the deposition. Except under extraordinary circumstances, an administrative law judge shall not order a deposition to be held outside of the City of New York unless the expenses of the commissioner of finance are paid by the party requesting the deposition.
(7) Use of deposition. At the hearing or in any other proceeding in the case, any part or all of a deposition, so far as admissible under the rules of evidence applied as though the witness were then present and testifying, may be used against any party who was present or represented at the taking of the deposition or who had reasonable notice thereof, in accordance with any of the following provisions:
(i) The deposition may be used by any party for the purpose of contradicting or impeaching the testimony of deponent as a witness.
(ii) The deposition of a party may be used by an adverse party for any purpose.
(iii) The deposition may be used for any purpose if the parties have stipulated to the use of a deposition or if the administrative law judge finds: (A) that the witness is dead; or (B) that the witness is at such distance from the place of trial that it is not practicable for him to attend, unless it appears that the absence of the witness was procured by the party seeking to use the deposition; or (C) that the witness is unable to attend or testify because of age, illness, infirmity, or imprisonment; or (D) that the party offering the deposition has been so unable to obtain attendance of the witness at the hearing as to make it desirable, in the interests of justice, to allow the deposition to be used; or (E) that such exceptional circumstances exist, in regard to the absence of the witness at the hearing, as to make it desirable, in the interests of justice, to allow the deposition to be used.
(iv) If only part of a deposition is offered in evidence by a party, an adverse party may require him or her to introduce any other part which in fairness ought to be considered with the evidence the party introduced, and any party may introduce any other parts.
(8) Depositions on written questions.
(i) A deposition may be taken on written questions when the parties so stipulate or when the administrative law judge so orders because the testimony is to be taken outside New York State.
(ii) The party seeking the deposition shall serve the written questions upon each party. Within 10 days thereafter, a party so served may serve written cross questions upon each party. Within five days thereafter, the original party may serve written redirect questions upon each party. Within three days after being served with written redirect questions, a party may serve written recross questions upon each party.
(iii) Copies of all written questions served shall be delivered by the party seeking the deposition to the office designated in the administrative law judge's order.
(f) Disclosure of evidence prior to a license revocation hearing. When the commissioner of finance seeks the revocation of a license or permit, as such terms are used in § 1041 of the City Administrative Procedure Act, either party shall, upon demand and at least seven days prior to the hearing, disclose the evidence that the party intends to introduce at the hearing, including documentary evidence and the identification of witnesses. The provisions of this subdivision shall not be deemed to require the disclosure of information or material otherwise protected by law from disclosure, including information and material protected because of privilege, the secrecy provisions of the Administrative Code, or confidentiality. If, after such disclosure, a party determines to rely upon other witnesses or information, the party shall, as soon as practicable, supplement its disclosure by providing the names of such witnesses or the additional documents.
(a) Upon the request of any party, the administrative law judge or presiding officer assigned to the case will issue subpoenas to require the attendance of witnesses at a hearing or to require the production of documentary evidence; provided however, that, where it appears to the judge or officer requested to issue the subpoena that the subpoena sought may be unreasonable, oppressive, excessive in scope, or unduly burdensome, such judge or officer may, as a condition precedent to the issuance of the subpoena, require the person seeking the subpoena to show the general relevance and reasonable scope of the testimony or other evidence sought. In the event the judge or officer requested to issue the subpoena shall after consideration of all the circumstances determine that the subpoena or any of its terms are unreasonable, oppressive, excessive in scope, or unduly burdensome, such judge or officer may refuse to issue the subpoena, or issue it only upon such conditions as such judge or officer deems appropriate. In the event that an administrative law judge or presiding officer has not been assigned to the case or the administrative law judge or presiding officer assigned is unavailable, the request to issue subpoenas may be made to the chief administrative law judge. Subpoenas will be delivered to the person requesting them and service thereof will be said person's responsibility. However, an attorney representing any party in a proceeding may issue a subpoena pursuant to § 2302 of the CPLR.
(b) If the request for a subpoena is granted pursuant to paragraph (1) of this subdivision, a request to withdraw or modify the subpoena shall be made as described in subdivision (e) of 20 RCNY § 1-05 before a motion to quash, fix conditions, or modify may be made pursuant to § 2304 of the CPLR.
(a) General.
(1) (i) The parties are required to stipulate, to the fullest extent to which complete or qualified agreement can or fairly should be reached, all undisputed facts not privileged that are relevant to the pending controversy. Included in matters required to be stipulated are all facts, all documents and papers or contents or aspects thereof, and all evidence that fairly should not be in dispute. Where the truth or authenticity of facts or evidence claimed to be relevant by one party is not disputed, an objection on the ground of materiality or relevance may be noted by the adverse party, but is not to be regarded as just cause for refusal to stipulate. The requirement of stipulation applies under these rules without regard to where the burden of proof may lie with respect to the controversies involved. Documents or papers or other exhibits annexed to or filed with the stipulation shall be considered to be part of the stipulation.
(ii) After a conference has been held between the parties to facilitate agreement on the facts, either party may draw a proposed stipulation of facts. The party who drafts a stipulation shall submit it to the other party, who shall review the proposed stipulation and shall indicate agreement or disagreement with every proposed fact to be stipulated. Where such other party disagrees, the position of such other party as to the fact in question should be stated. Failure to complete a stipulation is not a basis for adjournment of the hearing, but the parties shall use their best efforts to conclude the drafting of the stipulation in advance of the scheduled hearing.
(2) That a fact may have been obtained through any authorized discovery procedure is not a ground for omitting such fact from the stipulation. Such other procedures should be regarded as aids to stipulation, and matter obtained through them that is within the scope of paragraph (1) of this subdivision must be set forth comprehensively in the stipulation, in logical order in the context of all other provisions of the stipulation.
(b) Form. Stipulations shall be in writing and signed by the parties thereto or by their representatives, if any, and shall be filed with the chief administrative law judge in triplicate. Only one (1) set of exhibits shall be required. Documents or other papers that are the subject of stipulation in any respect and that the parties intend to place before the tribunal shall be annexed to or filed with the stipulation. The stipulation shall be clear and concise. Separate items shall be stated in separate paragraphs and shall be appropriately numbered. Exhibits attached to a stipulation shall be lettered serially.
(c) Filing. Executed stipulations prepared pursuant to this section, and related exhibits, shall be filed by the parties with the chief administrative law judge at or before commencement of the hearing of the controversy, unless the chief administrative law judge otherwise specifies. A stipulation, when filed, need not be offered formally to be considered in evidence.
(d) Objections. Any objection to all or any part of a stipulation should be noted in the stipulation, but the administrative law judge or presiding officer shall consider any objection to a stipulated matter made at the commencement of the hearing or for good cause shown made during the hearing.
(e) Binding effect. A stipulation shall be treated, to the extent of its terms, as a conclusive admission by the parties to the stipulation, unless otherwise permitted by the tribunal commissioners, administrative law judge or presiding officer or agreed upon by the parties. The tribunal commissioners, administrative law judge or presiding officer shall not permit a party to a stipulation to qualify, change, or contradict a stipulation, in whole or in part, except where justice requires. A stipulation and the admissions therein shall be binding and have effect only in the pending proceeding and not for any other purpose, and they shall not be used against any party thereto in any other proceeding in the tribunal.
(f) Submission without hearing.
(1) General. The parties may consent in writing to have the controversy determined on submission without need for appearance at a hearing.
(2) Procedure. Within 30 days after the consent is executed, the commissioner of finance shall submit to the administrative law judge or presiding officer assigned to the case all documentary evidence relevant to the issues, including any stipulation entered into by the parties, and shall provide a list enumerating all such documents to the petitioner, if appearing pro se, or the petitioner's representative. Within 30 days after the commissioner of finance provides such list, the petitioner may submit additional documents in support of the petition, and the parties may submit briefs within a reasonable period of time as agreed upon by them, subject to the power of the administrative law judge or presiding officer to fix the time as provided in paragraph (3) of subdivision (c) of 20 RCNY § 1-12. The parties may also submit proposed findings of fact and conclusions of law.
In lieu of making a motion for an extension of time or for an adjournment under these rules, any party may obtain such an extension or adjournment by filing with the tribunal a writing, signed by all of the parties, reflecting the parties' agreement to such extension or adjournment, subject to the approval of the tribunal. Such stipulation shall be filed, prior to the date from which the extension or adjournment is sought, with the administrative law judge or presiding officer to whom the case has been assigned, or, if such administrative law judge or presiding officer is unavailable or no such assignment has been made, with the chief administrative law judge, or, if the case is before the tribunal commissioners, with the president of the tribunal.
(a) General. A petitioner who wishes to have the proceedings in his or her case conducted in the small claims unit may so elect at the time of the filing of the petition (or, if the petition was filed before the effective date of these rules, at any time before the hearing, subject to approval of the chief administrative law judge), if the amount in controversy meets the criterion contained in subdivision (b) of this section. The small claims hearing will be an adversary proceeding conducted by an impartial presiding officer. The presiding officer shall conduct the hearing (see subdivision (f) of this section) in a fair manner that permits the parties to offer all relevant evidence to establish their positions. Where certain points or issues are unclear, the presiding officer may ask questions of the parties or of witnesses for the purpose of clarifying the record.
(b) Criterion for small claims. Controversies which may be heard by the small claims unit are restricted in amount to $10,000 (not including penalty and interest).
(c) Pleadings; applicable sections; notice.
(1) The only pleadings to be served by the parties are a petition by the petitioner (see 20 RCNY § 1-04) and an answer by the commissioner of finance. The tribunal may prescribe a simplified form of pleadings for small claims matters.
(2) The parties may file briefs, additional documents or other material in support of their pleadings.
(3) The provisions of subdivision (e) of 20 RCNY § 1-04 regarding amended pleadings, and 20 RCNY § 1-08, regarding subpoenas, are applicable to this section. The provisions of 20 RCNY §§ 1-05 (other than paragraph (e)(1)), 1-06 and 1-07 of these rules are not applicable to this section. Notwithstanding the foregoing, the presiding officer may, at the request of either party, (i) consider any of the grounds for dismissal provided for under 20 RCNY § 1-05(b) of these rules and dispose of the matter on such ground, if appropriate, and (ii) allow such limited discovery as the presiding officer shall deem appropriate under the circumstances.
(4) After the petition and answer have been served, the controversy shall be at issue, and the small claims unit shall schedule the controversy for a small claims hearing.
(5) The parties shall be given at least 30 days' notice of the first hearing date, and at least 10 days' notice of any adjourned or continued heating date unless the parties agree otherwise with the consent of the presiding officer. A request by any party for a preference in scheduling will be honored to the extent possible.
(d) Adjournment; default.
(1) At the written request of either party, made on notice to the other party and received at least 15 days in advance of the scheduled hearing date, an adjournment may be granted where good cause is shown. In the event of an emergency, an adjournment may be granted on less notice. Upon continued and unwarranted delay of the proceedings by either party, the presiding officer shall render a default determination against the dilatory party.
(2) In the event a party or the party's representative does not appear at a scheduled hearing and an adjournment has not been granted, the presiding officer shall, on his or her own motion or on the motion of the other party, render a default determination against the party failing to appear.
(3) Upon written application to the chief administrative law judge, a default determination may be vacated where the party shows a reasonable excuse for the default and a meritorious case.
(e) Presiding officer. The small claims hearing shall be conducted by a presiding officer with the same authorization provided an administrative law judge conducting a hearing by 20 RCNY § 1-12.
(f) Conduct of hearing.
(1) The small claims hearing shall be conducted by a presiding officer in such a manner as to do substantial justice between the parties according to the rules of substantive and administrative law. The hearing shall be conducted as informally as possible, consistent with orderly procedure. Any evidence which the presiding officer considers necessary or desirable for a just and equitable determination will be received, except that effect shall be given to the rules of privilege recognized by law. The burden of proof shall be upon the party seeking relief as to each issue, except as otherwise provided by law.
(2) The provisions contained in paragraphs (1) through (5) of subdivision (d) of 20 RCNY § 1-12, regarding conduct of a hearing, are applicable to a small claims hearing; however, such applicability is not intended to alter the informal nature of the small claims hearing.
(3) The small claims hearing shall be stenographically reported or otherwise recorded, but a transcript thereof need not be made unless the presiding officer otherwise directs. Where a transcript is made, it shall be available for examination at the tribunal or may be purchased by a petitioner pursuant to 20 RCNY § 1-16.
(g) Transfer to administrative law judge. At any time before the conclusion of a small claims hearing, the petitioner may, by written notice to the president of the tribunal, discontinue such small claims proceeding and request that the hearing on the petition be transferred to and conducted by an administrative law judge. Such discontinuance shall be without prejudice to any subsequent proceeding before an administrative law judge. Following such transfer of a matter to an administrative law judge, the matter shall not be transferred back to the small claims unit.
(h) Determination.
(1) Issuance of determination. After the small claims hearing, the presiding officer shall review the evidence and render a determination within three months of completion of the hearing or the submission of briefs, whichever is later. The tribunal shall serve a copy of the determination on the petitioner, if appearing pro se, or the petitioner's representative, and the attorney of record for the commissioner of finance.
(2) Effect of determination. The final determination of the presiding officer shall be conclusive upon all parties and shall not be subject to review by any other unit in the tribunal. However, on the motion of either party, the chief administrative law judge may order a rehearing upon proof or allegation of misconduct by the presiding officer. Determinations of presiding officers shall not be considered precedent, nor shall they be given any force or effect in other proceedings in the tribunal.
(i) Assignment of another presiding officer. Whenever it becomes impractical for a presiding officer to continue the hearing, another presiding officer may be assigned to continue with the case, unless it is shown that substantial prejudice to a party will result therefrom.
(a) Notice.
(2) The parties shall be given at least 30 days' notice of the first hearing date, and at least 10 days' notice of any adjourned or continued hearing date unless the parties agree otherwise with the consent of the administrative law judge. A request by any party for a preference in scheduling will be honored to the extent possible.
(b) Adjournment; default.
(1) At the written request of either party, made on notice to the other party and received at least 15 days in advance of the scheduled hearing date, an adjournment may be granted where good cause is shown. In the event of an emergency, an adjournment may be granted on less notice. Upon continued and unwarranted delay of the proceedings by either party, the administrative law judge shall render a default determination against the dilatory party.
(2) In the event a party or the party's representative does not appear at a scheduled hearing and an adjournment has not been granted, the administrative law judge shall, on his or her own motion or on the motion of the other party, render a default determination against the party failing to appear.
(3) Upon written application to the chief administrative law judge, a default determination may be vacated where the party shows a reasonable excuse for the default and a meritorious case.
(c) Administrative law judge. The hearing shall be conducted by an administrative law judge who is authorized to:
(1) administer oaths and affirmations;
(2) sign and issue subpoenas as provided in 20 RCNY § 1-08;
(3) regulate the course of the hearings, set the time and place for continued hearings, and fix the time for filing of legal memoranda and other documents;
(4) rule upon questions of evidence; such rulings shall be deemed incorporated in the administrative law judge's determination for purposes of review by the tribunal commissioners; and
(5) render determinations after hearings.
(d) Conduct of hearing.
(1) At the hearing, the parties may call and examine witnesses, introduce exhibits, cross-examine opposing witnesses on any matter relevant to the issues even though the matter was not covered in direct examination, impeach any witness regardless of which party first called the witness to testify, and rebut the evidence against them. A copy of a Federal or State determination relating to the issues may be received in evidence to show such determination. Affidavits as to relevant facts may be received, for whatever value they may have, in lieu of the oral testimony of the persons making such affidavits. Technical rules of evidence may be disregarded to the extent permitted by the decisions of the courts of this State, provided the evidence offered appears to be relevant and material to the issues. However, effect shall be given to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Upon a finding of good cause, the administrative law judge may order that any witness be examined separately and apart from all other witnesses, except those who are parties. The administrative law judge may, where the record appears unclear, ask questions of the parties or of witnesses for the purpose of clarifying the record.
(2) Where books, records, papers or other documents have been received in evidence, the substitution of a copy thereof may be permitted. Where original exhibits have been received in evidence, the party who offered such exhibits may be permitted to withdraw them after the determination of the administrative law judge or the decision of the tribunal commissioners is final.
(3) For purpose of expedition, stipulation and submission of evidence is encouraged, provided the interests of the parties will not be substantially prejudiced thereby. Although objections to a particular part of a stipulation should be noted therein the administrative law judge shall give consideration to any objection to irrelevancy of stipulated facts made at the hearing (see 20 RCNY § 1-09).
(4) The burden of proof shall be upon the party seeking relief as to each issue, except as otherwise provided by law.
(5) After the parties have completed the submission of the evidence, they may orally argue the applicability of the law to the facts. If the parties also wish to submit briefs, they may do so. Such briefs shall be filed under the following schedule in the absence of any different direction by the administrative law judge:
(i) the opening brief by the petitioner is due within 45 days of the conclusion of the hearing or the submission without hearing;
(ii) the answering brief by the commissioner of finance within 30 days thereafter; and (iii) upon application to the administrative law judge, additional briefs may be filed by the parties based on a schedule determined by the administrative law judge. Each party shall serve a copy of its briefs on the other party. The parties may also submit proposed findings of fact and conclusions of law. The proposed findings of fact shall refer whenever possible to the relevant pages of the transcript of hearing and exhibits. A request for extension of time for filing any brief may be made to the administrative law judge prior to the due date and shall recite that the moving party has advised the other party and whether the other party objects to the motion. Delinquent briefs may be rejected by the administrative law judge.
(6) The hearing shall be stenographically reported. A transcript thereof shall be made available for examination at the offices of the tribunal or may be purchased pursuant to 20 RCNY § 1-16. If either party deems the transcript to be inaccurate in any material respect, the party shall promptly notify the administrative law judge and the other party, setting forth specifically the alleged inaccuracies. The administrative law judge shall specify the corrections to be made in the transcript, and such corrections shall be made a part of the record.
(e) Determination.
(1) Issuance of determination. The administrative law judge shall review the evidence and render a written determination which shall contain findings of fact and conclusions of law. The administrative law judge shall render a determination within six months of completion of any hearing held on or after October 1, 1992, or the submission of briefs relating to such hearing, whichever is later. The administrative law judge may extend such six-month period, for good cause shown, to no more than an additional three months. The tribunal shall serve a copy of the determination on the petitioner, if appearing pro se, or the petitioner's representative, and the attorney of record for the commissioner of finance.
(2) Effect of determination. The determination of the administrative law judge shall finally decide the matters in controversy unless a party takes exception by timely requesting review by the tribunal commissioners (see 20 RCNY § 1-13). Determinations of administrative law judges shall not be considered precedent, nor shall they be given any force or effect in other proceedings in the tribunal.
(f) Assignment of another administrative law judge. Whenever it becomes impractical for an administrative law judge to continue the hearing, another administrative law judge may be assigned to continue with the case, unless it is shown that substantial prejudice to a party will result therefrom.
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