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 658.3 - Notice of hearing
Current through Register Vol. 46, No. 39, September 25, 2024
(a) The notice of hearing shall specify the time, date and place of the hearing and the fact that it is a public hearing.
(b) The notice of hearing, if accompanied by a complaint, may incorporate any part thereof by reference.
(c) Except in case of emergency as provided by section 1242 of the Public Health Law, the notice of hearing shall specify a date for the hearing not earlier than 20 days after the service of the notice.
(d) The notice of hearing may contain therein a notice of motion for a summary order to be made upon the return day, in which case it shall be accompanied by supporting proof. If upon the return day contrary proof be not adduced by affidavit or otherwise relating to a material issue, the hearing officer shall forthwith submit his report and findings of fact to the commissioner who will summarily issue such order or make such determination as the facts and circumstances of the case require.
(e) The notice of hearing, if not accompanied by a complaint, shall include a statement of the charges upon which the proceeding was instituted, setting forth the nature of the alleged violation or violations in plain and concise statements and in consecutively numbered paragraphs, each paragraph containing as far as practicable, a single allegation. The charges may be stated alternatively. A copy of any writing which is attached to the notice of hearing shall be deemed a part thereof for all purposes.
