§ 31.17 Formal hearings; procedure.\n (a) When a hearing must be afforded pursuant to this chapter, the\nhearing shall be held without undue delay and all parties shall be given\nreasonable notice of the time, place, and nature of the hearing.\n (b) The commissioner, acting as hearing officer, or any person\ndesignated by him 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.\n 4. control the conduct of the hearing.\n (c) The rules of evidence observed by courts need not be observed\nexcept that the rules of privilege recognized by law shall be respected.\nIrrelevant or unduly repetitious evidence may be excluded.\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 department other than a party to the proceeding or\nhis counsel, except by order of a court of record.\n (f) The commissioner may establish regulations to govern the hearing\nprocedure and the process of determination of the proceeding.\n (g) The commissioner shall issue a ruling within ten days after the\ntermination of the hearing or, if a hearing officer has been designated,\nwithin ten days from the hearing officer's report.\n (h) The hearing officer shall submit an initial report and proposed\norder in writing to the commissioner within sixty days of the conclusion\nof the hearings.\n
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