New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Chapter VI - General Regulations
Part 622 - Uniform Enforcement Hearing Procedures
Section 622.9 - Statement of readiness for adjudicatory hearing and notice of enforcement hearing
Current through Register Vol. 46, No. 12, March 20, 2024
(a) 'General.' Upon department staff's filing of a statement of readiness for adjudicatory hearing and a copy of the pleadings with the Chief ALJ and ALJ, if one has been assigned, a proceeding will be scheduled for hearing. The statement of readiness must be in a form established by the department and must be served on all parties to the hearing. However, wherever respondent is entitled by law or regulation to a hearing within a stated period of time, the proceeding will be scheduled for hearing upon the filing of a copy of the answer with the Office of Hearings and Mediation Services.
(b) 'Contents.' The statement of readiness for adjudicatory hearing must include:
(c) The accuracy and sufficiency of the statement of readiness will not be subject to motion practice or any form of adjudication.
(d) Unless an ALJ is already assigned to a proceeding, the Chief ALJ will, upon receipt of a statement of readiness for adjudicatory hearing that conforms to the requirements of this section, assign an ALJ to the proceeding. The ALJ will thereafter schedule a hearing date.
(e) The ALJ will cause a written notice of enforcement hearing to be served on all parties to the proceeding. The notice must: