N.Y. SAP Law § 306

§ 306. Evidence. 1. Irrelevant or unduly repetitious evidence or\ncross-examination may be excluded. Except as otherwise provided by\nstatute, the burden of proof shall be on the party who initiated the\nproceeding. No decision, determination or order shall be made except\nupon consideration of the record as a whole or such portion thereof as\nmay be cited by any party to the proceeding and as supported by and in\naccordance with substantial evidence. Unless otherwise provided by any\nstatute, agencies need not observe the rules of evidence observed by\ncourts, but shall give effect to the rules of privilege recognized by\nlaw. Objections to evidentiary offers may be made and shall be noted in\nthe record. Subject to these requirements, an agency may, for the\npurpose of expediting hearings, and when the interests of parties will\nnot be substantially prejudiced thereby, adopt procedures for the\nsubmission of all or part of the evidence in written form.\n 2. All evidence, including records and documents in the possession of\nthe agency of which it desires to avail itself, shall be offered and\nmade a part of the record, and all such documentary evidence may be\nreceived in the form of copies or excerpts, or by incorporation by\nreference. In case of incorporation by reference, the materials so\nincorporated shall be available for examination by the parties before\nbeing received in evidence.\n 3. A party shall have the right of cross-examination.\n 4. Official notice may be taken of all facts of which judicial notice\ncould be taken and of other facts within the specialized knowledge of\nthe agency. When official notice is taken of a material fact not\nappearing in the evidence in the record and of which judicial notice\ncould not be taken, every party shall be given notice thereof and shall\non timely request be afforded an opportunity prior to decision to\ndispute the fact or its materiality.\n