New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Chapter VI - General Regulations
Part 622 - Uniform Enforcement Hearing Procedures
Section 622.17 - Record

(a) A hearing must be recorded verbatim. For this purpose and consistent with respondent's rights, the ALJ may use whatever means the ALJ deems appropriate, including but not limited to the use of stenographic transcriptions or recording devices.

(b) The record of the proceeding must include: the notice of hearing, complaint and any other documents commencing the proceeding; motions and requests filed, and rulings thereon; the transcript or recording of the testimony taken at the hearing; exhibits submitted and received; stipulations, if any; a statement of matters officially noticed except matters so obvious that a statement of them would serve no useful purpose; the hearing report; and any comments to the hearing report filed pursuant to section 622.18(a)(3) of this Part.

(c) A copy of the stenographic transcript of the hearing, or if the hearing is recorded, a copy of the media on which the recording is saved, such as tape, hard drive or disc, or a transcript of the recording will be available to any party upon request to the stenographer or department, as appropriate, and upon payment of the fees allowed by law.

(d) At the conclusion of the hearing, the ALJ will determine whether to allow the submission of written post-hearing briefs. The hearing record will be closed upon the close of the hearing; the receipt by the ALJ of the stenographic transcript, if one was made; the receipt of additional technical data or other material agreed at the hearing to be made available after the hearing; or the submission of briefs and reply briefs, and memoranda, if any, by the various parties, whichever occurs last. The ALJ will notify the parties in writing upon the closing of the hearing record.