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68 (a) The media may be admitted to a fair hearing where the appellant has made a specific waiver of appellant's right to confidentiality both in writing and on the record and has clearly and unequivocally confirmed on the record that the appellant desires and consents to the presence of the media. The waiver must be unqualified, complete, and made with full knowledge of the ramifications of the waiver, including that the waiver is irrevocable. (b) Where a waiver has been secured in accordance with subdivision (a) of this section, the extent of any access to be granted to the media is to be determined at the discretion of the hearing officer. In determining the extent of such access, the hearing officer will consider the following: 1. maintenance of proper hearing decorum; 2. potential disruption to the proceedings; 3. adverse effect on witnesses; 4. impediments to the making of a proper and accurate record; 5. the physical space and conditions of the hearing room; 6. potential disruption to the hearing officer, including impediments to the hearing officer's ability to discharge responsibilities; and 7. any other factor which, in the discretion of the hearing officer, is necessary to ensure the orderly and proper conduct of the hearing and the creation of a complete and accurate hearing record or which is necessary in order to protect confidential information where confidentiality cannot be waived by the appellant. 18 NYCRR 358-5.9 Fair hearing procedures. (a) Burden of proof. 1. Appellant. At a fair hearing concerning the denial of an application for or the adequacy of public assistance, medical assistance, HEAP, SNAP benefits or services, or an exemption from work activity requirements, the appellant must establish that the social services agency's denial of assistance or benefits was not correct, or that the appellant is eligible for a greater amount of assistance or benefits, or is exempt from work requirements pursuant to 18 NYCRR Part 385. 2. Social services agency. Except where otherwise established by law or regulation, at a fair hearing, the social services agency must establish that its actions were correct regarding: i. the source of funding and the amount deducted from the initial payment of supplemental security income as reimbursement of public assistance; or ii. the discontinuance, reduction, or suspension of public assistance, medical assistance, or SNAP benefits or services. (b) The fair hearing decision must be supported by and in accordance with substantial evidence. (c) Technical rules of evidence followed by a court of law need not be applied. Irrelevant or unduly repetitious evidence and/or cross-examination may be excluded at the discretion of the hearing officer. Privileges recognized by law will be given effect.