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T A B L E O F C O N T E N T S P RT I A ... - Broome County

T A B L E O F C O N T E N T S P RT I A ... - Broome County

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§ 60-14 SHERIFF'S DEPA<strong>RT</strong>MENT § 60-15<br />

at any time within 30 days of service of said notice, the deputy may serve a written<br />

demand for a hearing evaluating the discontinuation of benefits.<br />

§ 60-15. Hearings; Hearing Officer.<br />

A. Upon timely service of a written demand for a hearing, a hearing before a Hearing<br />

Officer shall be scheduled as soon as practicable. The deputy shall be given at least 10<br />

days' written notice of the hearing. The Hearing Officer may adjourn the hearing for<br />

good cause.<br />

B. The Hearing Officer shall be an impartial person appointed by the <strong>County</strong> Executive.<br />

C. All hearings shall be conducted in an orderly manner in order to ascertain the substantial<br />

rights of the deputy, the Sheriff and the county. The deputy, the Sheriff and the county<br />

shall be afforded an opportunity to present evidence and arguments on all issues involved<br />

and cross-examine all witnesses who have testified. All witnesses shall testify under oath,<br />

or by affirmation, and a stenographic record of the proceedings shall be kept. The<br />

Hearing Officer may question any party or witness. The Hearing Officer shall not be<br />

bound by common law or statutory rules of evidence or by technical or formal rules of<br />

procedure.<br />

D. Each party has the right to representation at his own expense.<br />

E. The stenographic record of the hearing shall not be transcribed except upon request. The<br />

cost of transcription shall be borne by the party requesting the transcription. A copy of<br />

the stenographic record shall be paid for and given by the requesting party to the Hearing<br />

Officer for distribution to all parties in interest.<br />

F. Upon the conclusion of the hearing, the Hearing Officer shall render a decision, in<br />

writing, explaining the basis of his conclusions. The Hearing Officer shall transmit the<br />

written decision to the Sheriff, who will serve a copy of the decision on all parties.<br />

G. The Hearing Officer shall make inquiry into the facts of the reported injuries, sicknesses<br />

or deaths of a deputy resulting from the performance of his duties and to that end shall<br />

have full authority and power to:<br />

(1) Conduct hearings;<br />

(2) Require the attendance of the deputy and other witnesses for testimony at any time<br />

upon reasonable notice;<br />

(3) Require the production of all books, papers, documents and other records<br />

necessary for such inquiry;<br />

(4) Issue subpoenas and compel compliance with the subpoenas in accordance with the<br />

Civil Practice Law and Rules;<br />

(5) Administer oaths or affirmations to witnesses at a hearing;<br />

(6) Expel any party, witness, attorney or others from a hearing for improper,<br />

disorderly or contemptuous conduct; and<br />

60:7 02 - 01 - 2010

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