A professional misconduct hearing is much like a trial, where witnesses will be called and questioned, cross-examination of the witnesses occurs, subpoenas can be issued, and evidence will be presented. An Administrative Hearing Officer, who is an attorney admitted to practice in New York will oversee the hearing, ruling on any motions, procedures, and legal objections. The matter will ultimately be decided by the hearing panel which consists of two members of the involved profession and one public member. An attorney from either the State Department of Education for OPD or State Department of Health for OPMC will serve as the prosecutor. The hearing panel ultimately issues a written report including findings of fact, a determination of guilt or non-guilty on each charge, and a recommendation of the penalty to be imposed. For a hearing panel to make a determination of guilty, at least two of the voting members must vote for that determination supported by a preponderance of the evidence.
