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 658.5 - The hearing officer

Universal Citation: 6 NY Comp Codes Rules and Regs ยง 658.5

Current through Register Vol. 46, No. 39, September 25, 2024

(a) No hearing officer shall be designated as such who (1) has any pecuniary interest in any matter or business involved in the proceedings, (2) is related within the third degree by blood or marriage to any party to the proceedings, or (3) has participated in the investigation proceeding or in the development of the evidence to be introduced.

(b) The hearing officer shall conduct the hearing in a fair and impartial manner.

(c) Subject to review by the commissioner as may be provided by law or by these rules, the hearing officer shall have power to:

(1) rule upon motions and requests;

(2) set the time and place of hearing, adjourn the hearing from time to time and indicate the place of hearing;

(3) administer oaths and affirmations;

(4) issue subpoenas requiring the attendance and testimony of witnesses and the production of books, records, contracts, papers and other documentary evidence;

(5) summon and examine witnesses and receive evidence;

(6) take or order the taking of depositions;

(7) admit or exclude evidence;

(8) hear argument on facts or law;

(9) do all acts and take all measures necessary for the maintenance of order and efficient conduct of the hearing.

(d) Upon being notified that a hearing officer declines or fails to serve, or in the case of death, resignation or removal, on motion of any party or on his own initiative, the commissioner may designate a successor hearing officer, who may continue with the proceedings.

(e) The designation of a hearing officer shall be in writing and filed in the department.

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