Hearing Officers may:
(a) Administer oaths and affirmations, examine witnesses, rule upon offers of proof or other motions and requests, admit or exclude evidence, grant adjournments and continuances, and oversee and regulate other matters relating to the conduct of a hearing;
(b) Upon request of a party, issue subpoenas or adjourn a hearing for the appearance of individuals or the production of documents or other types of information when the Hearing Officer determines that necessary and material evidence will result;
(c) Bar from participation in a hearing any person, including a party, representative or attorney, witness or observer who engages in disorderly, disruptive or obstructionist conduct that disrupts or interrupts the proceedings of the Tribunal, and continue the hearing without that person's presence;
(d) Carry out adjudicatory powers of:
(i) the hearing examiner set forth in of the New York City Administrative Code and associated rules and regulations and the New York City Health Code as codified within Title 24 of the Rules of the City of New York, and
(ii) an administrative law judge set forth in of the New York City Administrative Code;
(e) Allow an amendment to a summons only upon a motion at any time if:
(1) the subject of the amendment is reasonably within the scope of the original summons;
(2) such amendment does not allege any additional violations based on an act not specified in the original summons;
(3) such amendment does not allege an act that occurred after the original summons was served; and
(4) such amendment does not affect the Respondent's right to have adequate notice of the allegations made against him or her.
(f) Request further evidence to be submitted by the Petitioner or Respondent;
(g) Make final or recommended decisions pursuant to applicable law, rule or regulation; and
(h) Take any other action authorized by applicable law, rule or regulation, or that is delegated by the Chief Administrative Law Judge.
(Amended City Record 6/1/2015, eff. 7/1/2015; amended City Record 7/8/2016, eff. 8/7/2016)