New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Chapter X - DIVISION OF WATER RESOURCES
Subchapter A - GENERAL
Article 1 - MISCELLANEOUS RULES
Part 658 - Hearing Procedures-water Pollution Control
Section 658.12 - Request for stipulation of facts
Current through Register Vol. 46, No. 39, September 25, 2024
(a) At any time after the service of the notice of hearing and the joining of issue, the hearing officer or any party may demand either on the record at the hearing or by motion in writing in advance of the hearing, that the opposing party stipulate as to facts not in dispute or which fairly should not be in dispute.
(b) If the opposing party refuses without reasonable and just cause to stipulate as to facts not in dispute or which fairly should not be in dispute, the facts and evidence of the proposed stipulation shall be shown with particularity and by numbered paragraphs. The request or motion shall contain adequate references to the sources of the matter set forth, and where such sources are in the possession of the moving party or under his control, the motion shall also show that the opposing party has had and has reasonable access thereto. Where there is disagreement with respect to any paragraph, either in whole or in part, or where the disagreement takes the form merely of a variance in the statement of the facts or evidence, the response shall show the basis for the disagreement including references to pertinent sources. Where the truth and authenticity of facts or evidence is not disputed, an objection on the ground of materiality or relevance may be noted but is not to be regarded as just cause for refusal to stipulate. Where motion is made in writing, proof of service of the moving papers and response shall be submitted with the original papers to the hearing officer.
(c) The hearing officer shall consider the request for stipulation of facts and the response thereto, and shall rule on such motion or request in respect to whether the facts and evidence covered in said request or motion should not be accepted as established for the purposes of the hearing.
