Legislation
SECTION 259-D
Hearing officers
Executive (EXC) CHAPTER 18, ARTICLE 12-B
§ 259-d. Hearing officers. 1. The state board of parole shall appoint
and shall have the power to remove, in accordance with the provisions of
the civil service law, hearing officers who shall be authorized to
conduct parole revocation proceedings. Hearing officers shall function
independently of the department regarding all of their decision-making
functions, and shall report directly to the board, provided, however,
that administrative matters of general applicability within the
department shall be applicable to all hearing officers. A hearing
officer conducting such proceedings shall, when delegated such authority
by the board in rules adopted by the board, be required to make a
written decision in accordance with standards and rules adopted by the
board. Nothing in this article shall be deemed to preclude a member of
the state board of parole from exercising all of the functions, powers
and duties of a hearing officer upon request of the chairman.
2. The board, acting in cooperation with the civil service commission,
shall establish standards, preliminary requisites and requisites to
govern the selection, appointment and removal of hearing officers. Such
standards and requisites shall be designed to assure that persons
selected as hearing officers have the ability to conduct parole
revocation proceedings fairly and impartially. Such standards shall not
require prior experience as a parole officer. The board shall have the
authority to establish procedures necessary to implement this section.
and shall have the power to remove, in accordance with the provisions of
the civil service law, hearing officers who shall be authorized to
conduct parole revocation proceedings. Hearing officers shall function
independently of the department regarding all of their decision-making
functions, and shall report directly to the board, provided, however,
that administrative matters of general applicability within the
department shall be applicable to all hearing officers. A hearing
officer conducting such proceedings shall, when delegated such authority
by the board in rules adopted by the board, be required to make a
written decision in accordance with standards and rules adopted by the
board. Nothing in this article shall be deemed to preclude a member of
the state board of parole from exercising all of the functions, powers
and duties of a hearing officer upon request of the chairman.
2. The board, acting in cooperation with the civil service commission,
shall establish standards, preliminary requisites and requisites to
govern the selection, appointment and removal of hearing officers. Such
standards and requisites shall be designed to assure that persons
selected as hearing officers have the ability to conduct parole
revocation proceedings fairly and impartially. Such standards shall not
require prior experience as a parole officer. The board shall have the
authority to establish procedures necessary to implement this section.