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 658.14 - Shortened procedure

(a) Whenever it appears to the hearing officer that the hearing can be more expeditiously handled under the informal procedure provided for in this section, he shall suggest to the parties that they consent to the use of such procedure. Parties are free to consent to such procedure if they choose. Declination of consent will not affect or prejudice the rights or interests of any party.

(b) The request that the shortened procedure herein provided be used need not originate with the hearing officer; any party may address a request to the hearing officer asking that the shortened procedure be used.

(c) The hearing officer, in his suggestion to the parties, shall fix a short period within which the parties may indicate their consent to the shortened procedure. At the end of such period, the hearing officer shall notify the parties that the shortened procedure will or will not be used.

(d) Within 10 days after receipt of notice that the shortened procedure will be used, the department shall submit to the hearing officer, in triplicate, in support of the charges contained in the notice of hearing, an opening statement of the facts. A copy of such document shall be served by the department on the respondent.

(e) Within 10 days after receipt of the department's opening statement, the respondent shall submit to the hearing officer, in triplicate, in support of his answer, an answering statement of facts.

(f) Within 10 days after receipt of a copy of the respondent's answering statement, the department may submit to the hearing officer, in triplicate, a statement in reply, which shall be confined strictly to replying to the facts and arguments set forth in the answering statement.

(g) As used in this section, the term "statement" includes (1) statements of fact signed and sworn to by persons having knowledge of those facts; (2) documents submitted as proof of the alleged facts, if any, which documents shall be properly identified by verified statements in the statement submitted or otherwise authenticated in such a manner that they would be admissible in evidence at a hearing under the rules in this Part; and, (3) briefs containing argument to sustain the contentions of the party submitting the statement. When practicable, the documents which constitute the record of any transaction in dispute should be made a part of the statement.

(h) Any facts stated in the statement must be sworn to before a person authorized to administer oaths by a person who states in the affidavit that he has actual knowledge of the facts. Except under unusual circumstances, which shall be set forth in the statement and affidavit, any such person shall be one who would appear as a witness if an oral hearing were held.

(i) The original of each document must show the signature, capacity, and impression seal or notarial stamp of the officer administering the oath and the date thereof. Copies must bear a notation that the original shows the data required in this respect.

(j) In addition to, or in lieu of, statements herein provided for, the parties may submit to the hearing officer stipulations of fact signed by the parties or their representatives. Such stipulations shall become a part of the record. The stipulation must be submitted to the hearing officer within 10 days after notice that the shortened procedure will be used; or, if the department's opening statement is filed, within 10 days after the submission of such statement; or, if an answering statement is submitted, within 15 days after the submission thereof; or, if a statement in reply is submitted, within 15 days after the submission thereof.

(k) The hearing officer may, in his discretion, grant an extension of time in respect to the submission of statements and stipulations.

(l) Failure to submit, within the time prescribed, any statement required or authorized under this section shall constitute a waiver of the right to submit such statement or stipulation. In such case, the hearing officer may prepare his report, findings of fact and recommendations and the commissioner may make the final determination and order upon the evidence contained in the record at the time of such failure to submit and file, except that no determination, other than dismissal of the proceeding without prejudice, shall be made if the department fails to submit an opening statement of the facts.

(m) Except as otherwise may be directed by the hearing officer, the submission of the department's statement in reply, or if the department has not submitted a reply, the submission of the respondent's answering statement, shall conclude the presentation of evidence. The hearing officer shall thereupon submit his report, findings of fact and recommendations, and the same procedure shall be followed thereafter as in proceedings where an oral hearing has been held.