New York Codes, Rules and Regulations
Title 21 - Miscellaneous
Chapter XVIII - Delaware River Basin Commission
Subchapter A - Rules Of Practice And Procedure
Part 837 - Penalties And Settlements In Lieu Of Penalties (article 7)
Section 837.4 - Adjudicatory hearings

Universal Citation: 21 NY Comp Codes Rules and Regs ยง 837.4

Current through Register Vol. 46, No. 39, September 25, 2024

(a) An adjudicatory hearing, which may be in lieu of or in addition to proceedings pursuant to section 837.3 of this Part, at which testimony may be presented and documents received shall not be scheduled unless:

(1) the executive director determines that a hearing is required to have an adequate record for the commission; or

(2) the commission directs that such a hearing be held.

(b) If an adjudicatory hearing is scheduled, the possible violator shall be given at least 14 days written notice of the hearing date unless waived by consent. Notice of such a hearing may be given to the general public and the press in the manner provided in section 14.4(b) of the Compact but may be waived by the executive director.

(c) Except to the extent inconsistent with the provisions of this Part, adjudicatory hearings shall be conducted in accordance with the provisions of sections 836.3 -836.7 of this Title (including section 836.6 et seq.).

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