New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Chapter VI - General Regulations
Part 622 - Uniform Enforcement Hearing Procedures
Section 622.6 - General rules of practice
Universal Citation: 6 NY Comp Codes Rules and Regs ยง 622.6
Current through Register Vol. 46, No. 12, March 20, 2024
(a) 'Service of papers.'
(1) CPLR 2103 governs
service of papers except that papers may be served by a party and service upon
respondent's duly authorized representative may be made by the same means as
provided for service upon an attorney. Notwithstanding any other rule to the
contrary, service may be made by transmission of papers by electronic
transmission, such as email or facsimile, if agreed to in advance by the
parties or authorized by the ALJ.
(2) Any required filing or proof of service
must be filed with the Office of Hearings and Mediation Services.
(3) When service of motion papers by
electronic transmission, such as facsimile or email, is agreed to in advance by
the parties or authorized by the ALJ, the parties must simultaneously send a
copy of the papers transmitted electronically to the recipient by first class
mail.
(b) 'Computation of time limits.'
(1) The rules of General
Construction Law sections 20 and 25-a govern the computation of time
limits.
(2) If a period of time
prescribed under this Part is measured from the date of service of a paper or
the date of the issuance of a ruling, decision or other communication instead
of the date of service,
(i) five (5) days is
added to the prescribed period if service or issuance is by first class
mail;
(ii) one (1) day is added to
the prescribed period if service or issuance is by overnight
delivery;
(iii) if service or
issuance is by facsimile transmission only, as agreed to or authorized pursuant
to paragraph (a)(1) of this section, the service is complete upon the receipt
by the sender of a signal from the equipment of the party served that the
transmission was received; and
(iv)
if service or issuance is by email only, as agreed to or authorized pursuant to
paragraph (a)(1) of this section, the service is complete upon transmission.
Service by email is not complete upon transmission if the serving party
receives notification that the papers sent by email did not reach the person to
be served.
(c) 'Motion practice.'
(1) Motions and requests made at any time
must be part of the record. Motions and requests made prior to the hearing must
be in writing. All motion papers must be filed by personal delivery or first
class mail with the ALJ, together with proof of service of the motion on all
parties. In addition to filing by personal delivery or mail, an ALJ may
authorize the parties to file additional copies of motions by electronic means.
During the course of the hearing, motions may be made orally except where
otherwise directed by the ALJ. If no ALJ has been assigned to the proceeding,
the motion must be filed by personal delivery or first class mail with the
Chief ALJ.
(2) Every motion must
clearly state the relief requested, and the legal arguments and any facts upon
which the motion is based. The motion must also include other supporting
materials upon which the motion is based.
(3) All parties have five (5) days after a
motion is served to serve a response. Thereafter, no further responsive papers
will be allowed without permission of the ALJ. All responsive papers must be
filed by personal delivery or first class mail with the ALJ, together with
proof of service on all parties. An ALJ may authorize the parties to file
additional copies of the responsive papers by electronic means.
(4) The ALJ should rule on a motion within
five (5) days after a response has been served or the time to serve a response
has expired. The ALJ must rule on all pending motions prior to the completion
of testimony. Any motions not ruled upon at that time will be deemed
denied.
(5) Where a standard of
review applicable to a motion or request is not otherwise provided for in this
Part, other sources of standards, including statutory law such as SAPA and the
CPLR, case law, and administrative precedent, may be consulted.
(d) 'Office of Hearings and Mediation Services.'
(1) Prior to the
appointment of an ALJ to hear a particular proceeding, the Chief ALJ may take
any action which an ALJ is authorized to take.
(2) The Chief ALJ may establish a schedule
for hearing pretrial motions and other matters for proceedings that have no
assigned ALJ.
(e) 'Expedited Appeals.' The time periods for expedited appeals filed pursuant to paragraph 622.10(d)(2) of this Part are as follows:
(1)
(i)
Expedited appeals pursuant to subparagraph 622.10(d)(2)(i) of this Part must be
filed with the commissioner c/o the deputy commissioner for hearings and
mediation services in writing within ten (10) days of the disputed ruling. All
parties have five (5) days after a notice of expedited appeal is served to
serve a response to the appeal. The parties must file one original and three
copies of any papers filed pursuant to this subparagraph.
(ii) Motions for permission to appeal
pursuant to 622.10(d)(2)(ii) of this Part must be filed with the commissioner
c/o the deputy commissioner for hearings and mediation services in writing
within ten (10) days of the disputed ruling. All parties have five (5) days
after a motion for permission to appeal is served to serve a response to the
motion. The parties must file one original and three copies of any papers filed
pursuant to this subparagraph.
(2) Upon being granted permission to appeal,
appellant must file and serve the appeal in writing within five (5) days of
permission being granted. Thereafter the other parties may file a response in
support of or in opposition to the appeal within five (5) days of service of
the appeal.
(f) All rules of practice involving time periods may be modified by direction of the ALJ or commissioner and, for the same reasons, any other rule may be modified by the commissioner upon recommendation of the ALJ or upon the commissioner's own initiative.
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