Opportunity to cross-examination witnesses a critical element to due process in quasi-judicial administrative proceedings

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Opportunity to cross-examination witnesses a critical element to dueprocess in quasi-judicial administrative proceedingsBarber v New York State Off. of Victim Servs, 2013 NY SlipOp 00958, Appellate Division, Third Department
An individual [Applicant] installed certain security andsurveillance devices in response to alleged stalking and harassment theApplicant had experienced. Applicant filed a request for reimbursementfor the cost of such devices with the State’s Office of Victim Services, whichapplication was rejected on the ground that Applicant failed to prove that acrime had been committed.
Applicant appealed and a hearing was conducted by athree-member panel of the Office of Victim Services. The panel affirmed thedisallowance of Applicant ‘s claim.
In response to Applicant‘s challenging the panel’sdetermination, the Appellate Division said that notwithstanding the substantialevidence in the record to support Victim Service’s denial of Applicant’s claim,reversal of the ruling was required because Applicant was not provided with theopportunity to cross-examine witnesses providing testimony at the hearing.
According to the decision, although the panel was advisedthat Applicant was waiting in the lobby for the hearing to begin, the panelmembers conducting the hearing made the affirmative decision to take thetestimony from one of the witnesses without the Applicant being present. Further,Applicant was only invited to attend the hearing following the conclusion ofthat witness's testimony and Applicant was asked toleave the hearing after testifying. Then, said the court, testimony was taken from a second witness without Applicant being present.
The Appellate Division ruled that as Applicant was denied theright to cross-examine witnesses, the panel’s determination must be annulledand the matter remitted to Victim Services for a new hearing.
The court explained that "Regardless of the merits in aparticular case, a party whose rights are being determined at a quasi-judicialadministrative hearing must be given the opportunity to cross-examine witnesses,"citing Matter of Seeger v Moduform, Inc., 146 AD2d at 923.
The decision is posted on the Internet at:http://www.courts.state.ny.us/reporter/3dseries/2013/2013_00958.htm