New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Chapter VI - General Regulations
Part 622 - Uniform Enforcement Hearing Procedures
Section 622.18 - Final order
Current through Register Vol. 46, No. 12, March 20, 2024
(a) 'Hearing report.'
(b) 'Final orders.'
(c) 'Stipulations.' At any time prior to a final order, the department and respondent may enter into a stipulation on any matter. Where a stipulation is reached on all violations alleged against all respondents, any hearing will be canceled and no further action of the commissioner will be required. Within five (5) days of the execution of the stipulation, department staff must serve a copy of the fully executed stipulation on all parties and file a copy of the fully executed stipulation with the ALJ. Upon receipt of the executed stipulation, the ALJ will close the matter.
(d) 'Reopening the record.' At any time prior to issuing the final order, the commissioner or the ALJ may direct that the hearing record be reopened to consider significant new evidence.
(e) The final determination will be embodied in an order, which must contain findings of fact and conclusions of law or reasons for the final determination and may provide for:
(f) A copy of the final order will be served on the parties in the same manner as prescribed in paragraph 622.3(a)(3) of this Part.