Live Program Held:  Thursday, October 5, 2006 - Albany

This full-day CLE Program concerns the administrative hearing process before New York State agencies, with an emphasis on the hearings before five specific agencies. The program will commence with a general introduction about administrative hearings under the State Administrative Procedure Act and will then focus on the high-profile proceedings before the Departments of Health and Environmental Conservation and the high-volume proceedings before the Department of Motor Vehicles, the Division of Tax Appeals and the Workers’ Compensation Board. The Administrative Law Judges who conduct the hearings, or agency staff involved in the administrative adjudication process, will present the program. These presenters will be able to focus on those aspects of the administrative proceedings, which are unique to each agency, and to provide insights which a practitioner would be unable to find elsewhere.

Co-sponsored by the Committee on Attorneys in Public Service and the Committee on Continuing Legal Education of the New York State Bar Association.

A.   Administrative Hearings Under the State Administrative Proceedings Act (53 min.)

• Notice
• Hearing Record
• Powers of Presiding Officers
• Disclosure
• Evidence
• Final Decision Makers
• Decisions and Agency Appeals

Speaker:       Hon. Howard A. Levine, Retired Associate Judge, New York State Court of Appeals

B.    Department of Environmental Conservation (66 min.)

• Introduction
• Part 622- Enforcement Hearings
• Part 624-Permit Hearings and Public Participation

Speaker:       Hon. James T. McClymonds, Chief Administrative Law Judge, New York State Department of Environmental Conservation

C.    Department of Health (55 min.)

• Public Health Law and Social Services Law Overview
• Professional Medical Conduct Hearings and Appeals
• Adult Home and Medicaid Audit Hearings
• Non-Licensing Hearings concerning health professionals
• Licensing and Discipline of Emergency Medical Services Providers
• Early Intervention Hearings under the Federal IDEA
• Sanitary Code Hearings, including Public Water Supplies
• Nursing Home Resident Discharges

Speaker:       Hon. James F. Horan, Administrative Law Judge, New York State Department of Health

D.   Division of Tax Appeals (59 min.)

• Overview of the agency's structure
• Why would your client appear in this forum?
• Commencement of Proceeding
• Types of Hearings and Procedural Highlights
• Appeals to the Tax Appeals Tribunal

Speaker:       Hon. Catherine M. Bennett, Administrative Law Judge, New York State Division of Tax Appeals

E.    Department of Motor Vehicles (60 min.)

• Overview
• Traffic Violations Bureau: Location; non-misdemeanor moving violations; standard of proof; fines; suspensions/revocations; Appeals Board.
• Safety and Business Hearings: Chemical test refusal hearing; boating and snowmobiling while intoxicated; zero tolerance hearings; fatal accident hearings; and vehicle safety hearings.

Speaker:       Neal W. Schoen, Esq., New York State Department of Motor Vehicles, Office of Counsel (All locations)

F.    Workers’ Compensation Board (62 min.)

• Initiation of a Claim for Benefits
• Claim Resolution without hearing
• Hearings Before Workers Compensation Judges: Process and Procedure; expedited and non-expedited process
• Substantive Issues

Speaker:       Carl D. Copps, Esq., New York State Workers' Compensation Board

PROGRAM SPEAKERS:

Overall Planning Chairs

Hon. James F. Horan
Administrative Law Judge
New York State Department of Health
Troy, NY

Hon. James T. McClymonds
Chief Administrative Law Judge
New York State Department of Environmental Conservation
Albany, NY

PANEL
(in alphabetical order)

Hon. Catherine M. Bennett, Administrative Law Judge, New York State Division of Tax Appeals, Troy, NY * Carl D. Copps, Esq., Principal Attorney, New York State Workers' Compensation Board, Albany, NY * Hon. James F. Horan, Administrative Law Judge, New York State Department of Health, Troy, NY * Hon. Howard A. Levine, Retired Associate Judge, New York State Court of Appeals, Whiteman Osterman & Hanna LLP, Albany, NY * Hon. James T. McClymonds, Chief Administrative Law Judge, New York State Department of Environmental Conservation, Albany, NY * Neal W. Schoen, Esq., New York State Department of Motor Vehicles, Office of Counsel, Albany, NY

Total MCLE Credits     7.0

* Each additional person who uses the tapes for MCLE credit must purchase a copy of the "MCLE coursebook."