New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Chapter VI - General Regulations
Part 624 - Permit Hearing Procedures
Section 624.10 - Ex parte rule
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Except as provided below an ALJ must not directly or through a representative, communicate with any person in connection with any issue that relates in any way to the merits of the proceeding without providing notice and an opportunity for all parties to participate.
(b) An ALJ may consult on questions of law or procedures with supervisors or other staff of the Office of Hearings and Mediation Services, provided that such supervisors or staff have not been engaged in investigative or prosecutorial functions in connection with the adjudicatory proceeding under consideration or a factually related adjudicatory proceeding.
(c) ALJs may communicate with any person on ministerial matters, such as scheduling or the location of a hearing.
(d) Parties or their representatives must not communicate with the ALJ or the commissioner in connection with any issue without providing proper notice to all the other parties.
