New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Chapter VI - General Regulations
Part 622 - Uniform Enforcement Hearing Procedures
Section 622.19 - Mediation

Universal Citation: 6 NY Comp Codes Rules and Regs ยง 622.19

Current through Register Vol. 46, No. 12, March 20, 2024

(a) ALJs have the authority to mediate enforcement matters.

(b) Mediation may be requested by the parties at any time after commencement of an enforcement proceeding. The request must be made to the assigned hearing ALJ or to the Chief ALJ if an ALJ has not been assigned to the matter. Upon consent of all parties, the matter will be set down for mediation and an ALJ will be assigned to mediate the matter. Unless the parties agree otherwise, the assigned hearing ALJ will not be assigned to mediate the matter.

(c) The hearing will not be adjourned, in whole or part, without permission of the assigned hearing ALJ or the Chief ALJ if an ALJ has not been assigned to the proceeding.

(d) The assigned mediator must not discuss the merits of the matter with the assigned hearing ALJ or other members of the Office of Hearings and Mediation Services involved in the adjudication of the matter, and no records, notes or memoranda of the mediation and no offers of settlement, compromise or similar disclosures made during the mediation may be introduced into the adjudicatory hearing record, without the consent of the parties unless authorized under CPLR 4547.

(e) The ALJ assigned as mediator has the power to:

(1) conduct the mediation and direct any adjournments or continuances thereof;

(2) offer opinions on the relative merits of the parties' positions and defenses;

(3) facilitate the resolution of the matters at issue in the enforcement proceeding;

(4) in furtherance of the objectives of paragraphs (2) and (3) of this subdivision, caucus separately with the parties; and

(5) close the mediation if no reasonable progress towards resolution is being made.

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