New York Codes, Rules and Regulations
Title 17 - DEPARTMENT OF TRANSPORTATION
Chapter VI - Transportation Regulations
Subchapter F - Railroad And Street Railroad Corporations
Article 2 - Safety
Part 919 - Private Rail Crossings Located In Intercity Rail Passenger Service Corridors
Section 919.9 - Hearings
Current through Register Vol. 46, No. 12, March 20, 2024
(a) The department shall schedule any hearing upon not less than 10 business days' notice to the affected parties. Such notice shall include:
(b) All parties shall be afforded an opportunity to present written argument on issues of law and an opportunity to present evidence and such argument on issues of fact; provided, however, that nothing contained in this section shall be construed to prohibit the department from allowing parties to present oral argument, and due regard shall be had for the convenience of the parties.
(c) Unless precluded by statute, disposition may be made of any adjudicatory proceeding by stipulation, agreed settlement, consent order, default, or other informal method.
(d) Whenever any deaf person is a party to the proceeding or a witness therein, the department in all instances 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. The department in conducting the adjudicatory proceedings shall determine a reasonable fee for all such interpreting services which shall be a charge upon the department.
