New York Consolidated Laws, Executive Law - EXC § 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.


FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. For more detailed codes research information, including annotations and citations, please visit Westlaw.

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Copied to clipboard