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This entry was published on 2024-12-27
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SECTION 302
Record
State Administrative Procedure Act (SAP) CHAPTER 82, ARTICLE 3
§ 302. Record. 1. The record in an adjudicatory proceeding shall
include: (a) all notices, pleadings, motions, intermediate rulings; (b)
evidence presented; (c) a statement of matters officially noticed except
matters so obvious that a statement of them would serve no useful
purpose; (d) questions and offers of proof, objections thereto, and
rulings thereon; (e) proposed findings and exceptions, if any; (f) any
findings of fact, conclusions of law or other recommendations made by a
presiding officer; and (g) any decision, determination, opinion, order
or report rendered.

2. The agency shall make a complete record of all adjudicatory
proceedings conducted before it. For this purpose, unless otherwise
required by statute, the agency may use whatever means it deems
appropriate, including but not limited to the use of stenographic
transcriptions or electronic recording devices. Upon request made by any
party upon the agency within a reasonable time, but prior to the time
for commencement of judicial review, of its giving notice of its
decision, determination, opinion or order, the agency shall prepare the
record together with any transcript of proceedings within a reasonable
time and shall furnish a copy of the record and transcript or any part
thereof to any party as he may request. Except when any statute provides
otherwise, the agency is authorized to charge not more than its cost for
the preparation and furnishing of such record or transcript or any part
thereof, or the rate specified in the contract between the agency and a
contractor if prepared by a private contractor.

3. Findings of fact shall be based exclusively on the evidence and on
matters officially noticed.

4. Affirmation of truth of statement. The statement of any person
wherever made, subscribed and affirmed by that person to be true under
the penalties of perjury, may be used in an administrative proceeding in
New York in lieu of and with the same force and effect as an affidavit.
Such affirmation shall be in substantially the following form:

I affirm this ___ day of ______, ____, under the penalties of perjury
under the laws of New York, which may include a fine or imprisonment,
that the foregoing is true, and I understand that this document may be
filed in an administrative hearing.

(Signature)