New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Chapter VI - General Regulations
Part 624 - Permit Hearing Procedures
- Section 624.1 - Applicability and Definitions
- Section 624.2 - Requests for an adjudicatory proceeding
- Section 624.3 - Notice of Hearing
- Section 624.4 - Public comment hearing and issues conference
- Section 624.5 - Evidentiary hearing participation
- Section 624.6 - General rules of practice
- Section 624.7 - Disclosure
- Section 624.8 - Conduct of the adjudicatory proceeding
- Section 624.9 - Evidence, burden of proof and standard of proof
- Section 624.10 - Ex parte rule
- Section 624.11 - Payment of hearing and issues conference costs
- Section 624.12 - Record
- Section 624.13 - Final decision
- Section 624.14 - Mediation
Statutory authority: Environmental Conservation Law, §§ 3-0306[4], 8- 0113[2], 70-0107[1], art. 70; State Administrative Procedure Act, art. 3
INTRODUCTION
This Part provides a detailed explanation of the public hearing process which is sometimes necessary to make a determination on permit applications submitted to the department, and on which agreement among parties involved cannot be reached otherwise. The principal function of the hearing is to resolve disputed issues of fact. It is the policy of the department to ensure that the public hearings it conducts provide a fair and efficient mechanism for the development of a factual record for the decision on a permit and, to that end, that all statements and testimony be relevant and directed toward achieving that goal. The process described in the following text may involve a legislative hearing session on a draft environmental impact statement, an adjudicatory hearing session with sworn testimony and cross-examination, formal filing of documents, and expenses to the applicant for a hearing room, stenographic services and public notice. This Part also contains provisions for subpoenas, stipulations, conferences, standards and evidence, and exchange of information by parties.
