Does a party have a right to cross-examination in an administrative hearing?

Does a party have a right to cross-examination in an administrative hearing?

• A. Yes
• B. No
• C. Only for specified issues
• D. Only if the agency permits

Answer: (A)

Cross-examination is a fundamental procedural safeguard in a formal, quasi-judicial administrative hearing. When a party faces testimony from an adverse witness, the opportunity to cross-examine allows challenges directly to the credibility, accuracy, and bias of that testimony. This helps ensure the agency’s final decision rests on a reliable, fully developed record. In New York administrative practice, a formal hearing typically affords the right to present evidence and to confront witnesses; the agency’s findings must be supported by the record, which is sharpened through cross-examination. While some procedures can impose limits in specific contexts, the default stance is that cross-examination is permitted in a proper hearing.

Cross-examination is a fundamental procedural safeguard in a formal, quasi-judicial administrative hearing. When a party faces testimony from an adverse witness, the opportunity to cross-examine allows challenges directly to the credibility, accuracy, and bias of that testimony. This helps ensure the agency’s final decision rests on a reliable, fully developed record. In New York administrative practice, a formal hearing typically affords the right to present evidence and to confront witnesses; the agency’s findings must be supported by the record, which is sharpened through cross-examination. While some procedures can impose limits in specific contexts, the default stance is that cross-examination is permitted in a proper hearing.