N.Y. Comp. Codes R. & Regs. Tit. 9 § 465.10 - Pre-hearing settlement calendar

Prior to the issuance of the notice of hearing, a settlement calendar may be held wherein each case where probable cause has been found may be considered for settlement.

(a) Notice of pre-hearing settlement calendar. A notice of pre-hearing settlement calendar shall be served upon all the parties to the proceeding. Such notice shall contain the following language, which shall be adhered to in practice in substantial form:

IMPORTANT NOTICE

The first session of the public hearing described in this notice shall be devoted exclusively to the settlement of the matter.

Therefore, counsel or the representatives of the parties must attend this hearing with the full authority to settle the matter.

No adjournment of this pre-hearing before the hearing date shall be granted except for good cause shown in writing delivered to the presiding administrative law judge who, in his or her discretion, may grant or deny the request.

The request for adjournment shall be filed with the presiding administrative law judge and served on general counsel of the division and any other opposing counsel no less than five (5) days before the date set for the pre-hearing.

If the presiding administrative law judge grants the adjournment, the conference will be rescheduled to the next available pre-hearing conference date in that county.

Ex parte requests for adjournment will be automatically denied.

Every request for an adjournment shall be deemed a waiver by the requesting party of any present or future objection alleging that the State Division of Human Rights has failed to process the complaint in a timely manner.

Please be advised that the parties to the complaint may, at any time prior to the taking of testimony at a public hearing, mutually agree to submit the complaint for binding arbitration before the American Arbitration Association.

Notes

N.Y. Comp. Codes R. & Regs. Tit. 9 § 465.10