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December 06, 2011

Appointment of hearing officer and due process

Appointment of hearing officer and due process
Alhmeyer v. Retirement System, 82 A.D.2d 954

An employee occasionally may challenge the results of a disciplinary action on the grounds that due process had been denied because the appointing officer designated the hearing officer to consider the disciplinary action.

In Alhmeyer v. Retirement System, 82 A.D.2d 954, the Appellate Division held that in the absence of a factual showing of some impropriety in the hearing process, the mere fact that the Comptroller appointed the hearing officer and the doctors who examined Alhmeyer on behalf of the Retirement System does not constitute a denial of due process.

It is believed that courts would apply the same standard with respect to the appointment of hearing officers in disciplinary actions pursuant to Section 75 of the Civil Service Law as well as in hearings required pursuant to Sections 71, 72 and 73 of the Civil Service Law and similar administrative proceedings.

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