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

§ 102-9 BROOME COUNTY CODE § 102-9
evidence. All such applications for subpoenas and other subpoenas shall receive
the prior approval of the County Attorney.
(2) A Hearing Officer may administer an oath or affirmation to any person upon
request of either party or upon his own initiative.
(3) Each party has the right to representation by counsel at his own expense.
(4) Each party or the Consumer Services Specialist may cause the hearing to be
transcribed at his, her or its own expense.
(5) A Hearing Officer may expel any party or attorney from any hearing for improper,
disorderly or contemptuous conduct.
(6) The Hearing Officer shall make a written recommendation, based on substantial
evidence, on the issues involved and shall transmit such recommendation to the
Consumer Services Specialist. The Consumer Services Specialist shall then make a
written finding based on such recommendation. The respondent and complainant
shall be notified by mail of any such finding. If the Consumer Services Specialist
makes a finding not in accordance with the recommendation of the Hearing
Officer, he shall set forth in writing his reasons for doing so.
G. Failure to appear at hearing. Upon failure of a duly notified respondent to appear at a
hearing after the issuance of a subpoena, the Consumer Services Specialist shall be
authorized to ask the Broome County Department of Law to seek a contempt citation in a
court of competent jurisdiction. Failure of one party to appear at a scheduled hearing
does not preclude the Hearing Officer from receiving evidence from and hearing
arguments by the other party. The Hearing Officer may make a finding notwithstanding
the absence of one of the parties. Upon failure of the complainant to appear, the Hearing
Officer may, in his discretion, terminate the matter.
H. Hearing Officer to be impartial. No person with financial or other interest relative to a
complaint shall serve as Hearing Officer. Any party may challenge the impartiality of
any Hearing Officer by presenting any objections, in writing, to the Hearing Officer or to
the Consumer Services Specialist. The Consumer Services Specialist shall consider and
determine such objection.
I. Continuance of date of hearing. A continuance may be granted in the discretion of the
Hearing Officer for good cause. A request for a continuance must be made not later than
48 hours preceding the date and time of the hearing. Any such request made later than 48
hours preceding the date and time of the hearing will be granted only in a case of
unexpected emergency.
J. Nothing contained in this section shall be construed to restrict any legal remedy available
to the Consumer Services Specialist or the Department of Law under this code or any
other applicable local, state or federal law.
102:10 02 - 01 - 2010