(k) Trade secrets and privacy. Where desirable, the administrative law judge in consultation with
counsel may provide for the use of devices such as deletion of names and coding in order to
protect personal privacy or information, including trade secrets which, if made public, would
result in unfair advantage to competitors. In extraordinary circumstances, the administrative law
judge shall have the discretion to close the hearing to the public to protect the rights of the
parties. (l) Ex parte communications. No person shall communicate with the administrative law
judge subsequent to the commencement of a hearing on any matter relating to the case, other
than a status inquiry, unless a copy of such communication is sent to all parties to the
proceeding. If such a communication is made in violation of this rule, a copy of the
communication, or a written summary if the communication was oral, shall be sent to all the
parties by the administrative law judge.
(m) Settlements.
(1) Where the parties agree to a settlement during the course of the hearing, the procedures set
forth in Rule 465.16 shall apply.
(2) The proposed settlement shall contain terms as set forth in Rule 465.16(b).
(3) Where voluntary settlement is not reached, offers of settlement by respondent shall be
reviewed by the administrative law judge to determine whether such settlement offer is
substantial enough to require an order, in the public interest, terminating the proceeding. The
following criteria are among those which should be considered:
i. probability of success after full hearing;
ii. reasonableness of offer;
iii. reasonableness of complainant's refusal, if any;
iv. the amount of the complainant's economic loss, and respondent's degree of responsibility
therefor;
v. in appropriate cases, the evidence of the amount of complainant's mental pain and suffering;
vi. the egregiousness of the discrimination charged;
vii. whether the public interest is best served by the continuation of the proceedings.
(4) Objections by a complainant to a proposed settlement shall be oral or written, at the
discretion and direction of the administrative law judge, who shall set a time frame for the
submission of the objections. The objections shall be specific and in detail.
(5) Where the administrative law judge finds the terms of the proposed settlement to be in the
public interest, and that the complainant's objections to the proposed settlement are without
substance, he or she may, upon request of respondent, issue a recommended equitable order for
the commissioner's consideration, providing that the respondent will pay the complainant the
amount proposed in the settlement and dismissing the complaint on the merits.
(n) Deaf persons. Whenever any deaf person is a party to a hearing, or a witness therein, the
division shall appoint a qualified interpreter who is certified by a recognized national or New
York state credentialing authority to interpret the proceedings to, and the testimony of, such deaf
person.
(o) Oral arguments and briefs. The administrative law judge may permit the parties or their
attorneys, the division attorney and interveners and interested organizations to argue orally
within such time limits as the administrative law judge may determine. Trial briefs will only be
permitted where specifically requested by the administrative law judge, on particular points of
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