Chapter I - Subchapter D

§1-51 The Transcript.

Discovery conferences are not necessarily conducted on the record. OATH’s Rules provide that the decision whether to transcribe matters other than the hearing, which must be transcribed, rests in the discretion of the ALJ. The practice of holding informal conferences to resolve pre-trial discovery issues without requiring a formal record, to obviate wasteful motion practice, is not uncommon in the courts in civil cases. Dep’t of Education v. Brust, OATH Index No. 2280/07, mem. dec. (Sept. 25, 2009).

Written “Testimony”

Where respondent, who spoke with a pronounced accent so that he could not be understood, refused to testify through an interpreter, the administrative law judge permitted respondent to testify, by means of written answers to written questions from counsel. Admin. for Children's Services v. Lin, OATH Index No. 1665/97 (Dec. 15, 1997), aff'd, NYC Civ. Serv. Comm'n Item No. CD 00-51-SA (Apr. 10, 2001).