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 658.6 - Appearances
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Any party to a hearing may appear in person and with counsel.
(b) Any person appearing on behalf of a party in a representative capacity may be required to show his authority to act in such capacity.
(c) If any party, after being duly notified, fails to answer or appear at the hearing, he shall be deemed to have waived the right to an oral hearing in the proceeding. In the event that a party appears at the hearing and no party appears for the opposing side, the party who is present shall have an election to present his evidence in whole or in part, in the form of affidavits or by oral testimony before the hearing officer, subject to the discretion of the hearing officer.
(d) Failure to appear at a hearing shall not be deemed to be a waiver of the right to be served with a copy of the findings of fact, final determination and order, and to proceed otherwise in any manner prescribed by law.
(e) It shall not be necessary for a respondent or his representative to physically appear on the return day of the notice of hearing if the respondent shall have served a verified answer or if he shall have served a notice of motion addressed to the complaint and the hearing officer shall have set a time for hearing such motion subsequent to the return day.
(f) After all pleadings are served and all motions addressed to pleadings and all motions for summary orders have been decided and resolved, the hearing officer shall set a date for the hearing of any issues remaining and notify all parties of such date and of the time of day and place of the hearing by regular mail not less than 10 days prior to such hearing date. Unless the hearing officer shall direct otherwise, the hearing shall proceed on the date so set and noticed, and any issue in which an absent party has the burden of proof shall be deemed resolved against him.
(g) The hearing officer may open a default or relieve any party of the consequences of any default upon a showing which would be required for the granting of comparable relief in an action or special proceeding.
