N.Y. Comp. Codes R. & Regs. tit. 9, § 580.15
(3) No decision, determination or order shall be made except upon consideration of the record as a whole and as supported by and in accordance with substantial evidence.
(b) Official notice.
(1) Official notice may be taken by the hearing officer or agency:
(2) Parties shall be notified of any facts as to which official notice is proposed to be taken and afforded an opportunity to dispute the facts or their materiality.
(c) Documentary and demonstrative evidence.
(3) Demonstrative evidence shall be allowed if competent, relevant and material, and if a record of the demonstration can be preserved by testimony and exhibit.
(d) Witnesses.
Each witness shall be sworn or make an affirmation.
(e) Unsworn testimony.
Unsworn testimony will be considered arguments bearing on evidence otherwise entered.
(a) General.