New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Chapter VI - General Regulations
Part 624 - Permit Hearing Procedures
Section 624.13 - Final decision

Universal Citation: 6 NY Comp Codes Rules and Regs ยง 624.13

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

(a) Hearing report.

(1) The ALJ will submit a hearing report to the commissioner within 45 days after the close of the record. The report must include findings of fact, conclusions of law and recommendations on all issues before the ALJ.

(2) The hearing report may be circulated to the parties as a recommended decision when:
(i) required by law; or

(ii) directed by the commissioner.

(3) All parties to the hearing have fourteen days after receipt of the recommended decision to submit comments to the commissioner.

(b) Final decisions.

(1) Where a recommended decision has not been issued, the final decision of the commissioner, together with the hearing report of the ALJ will be issued 60 days after the close of the record.

(2) Where a recommended decision has been issued, the final decision of the commissioner will be issued within 30 days after the close of the record, such event occurring at the expiration of the time allowed for comment on the recommended decision.

(c) Actions involving a DEIS. Where a DEIS has been the subject of the hearing, the hearing report together with the DEIS will constitute the FEIS.

(d) Stipulations. A stipulation executed by all parties resolving any or all issues removes such issue(s) from further consideration in the hearing.

(e) Reopening the record. At any time prior to issuing the final decision, the commissioner or the ALJ may direct that the hearing record be reopened to consider significant new evidence.

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