MEMORANDUM AND JUDGMENT
Petitioner commenced this CPLR article 78 proceeding challenging a determination finding him guilty of violating the prison disciplinary rule which prohibits the unauthorized use of a controlled substance. His urine sample tested positive for opiates on both an initial and confirmatory test. The record discloses an adequate chain of custody and that appropriate testing procedures were followed ( see Matter of Torres v. Goord, 301 A.D.2d 713). Regarding petitioner's defense that the test result was a false positive due to his use of prescription and over-the-counter medications, we find that a new hearing is necessary because petitioner was deprived of a fair hearing. The Hearing Officer precluded our review of petitioner's documentary evidence by failing to accept it in the record. The Hearing Officer's telephone conversation with a representative from the testing company's technical unit was not recorded and petitioner was excluded from the room during that conversation, in violation of state regulations and petitioner's due process rights ( see 7 NYCRR 254.5 [b]; 254.6 [b]; Matter of Hill v. Le Fevre, 124 A.D.2d 383; Matter of Keleman v. Coughlin, 128 Misc.2d 190, 192-193). Because the determination was clearly based in part on this off-the-record information, a new hearing is required ( see Matter of Wyche v. Coughlin, 191 A.D.2d 945, 946, lv denied 82 N.Y.2d 651; Matter of Nina v. Coughlin, 191 A.D.2d 942, lv denied 82 N.Y.2d 651; but see Matter of Frazier v. Goord, 251 A.D.2d 800, lv denied 92 N.Y.2d 813).
Cardona, P.J., Crew III, Peters, Mugglin and Kane, JJ., concur.
ADJUDGED that the determination is annulled, without costs, and matter remitted to the Commissioner of Correctional Services for further proceedings not inconsistent with this Court's decision.