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 660 - Tidal Wetlands-moratorium Permits
Section 660.6 - Public hearing

Universal Citation: 6 NY Comp Codes Rules and Regs ยง 660.6

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

(a) Hearing officer. The public hearing upon a petition for a moratorium permit shall be conducted by a hearing officer designated by the commissioner.

(b) Public hearing within 30 days of the petition. The public hearing upon the petition shall be held within 30 days of receipt by the local tidal wetland permit administrator of the petition for a moratorium permit, shall be conducted expeditiously and shall, insofar as practicable, continue from day to day exclusive of holidays and weekends. Insofar as practicable, the public hearing will be held in the municipality where the affected tidal wetlands are located.

(c) Parties.

(1) Parties to the public hearing upon a petition for a moratorium permit shall be the parties in interest.

(2) The hearing officer may, if in his discretion he determines it to be in the public interest, permit any person to intervene as a party in interest, notwithstanding the failure of such person to file a timely notice of appearance. With respect to any such person, the hearing officer may permit such intervention solely for the purpose of making or filing a statement, receiving copies of notices with respect to the petition, presenting evidence, cross-examining witnesses or for any or all of such purposes as he in his discretion shall deem to be in the public interest. Public interest for the purposes of this paragraph shall include the presentation of all relevant views without unnecessary repetition and the avoidance of irrelevant or repetitious material in the record of the hearing.

(3) The hearing officer may also designate a spokesman for parties in interest who represent a common organization or a substantially identical interest or viewpoint and may similarly designate a single party in interest to receive notice on behalf of such parties in interest.

(4) Parties in interest shall be afforded an opportunity to present written arguments on issues of law or policy and an opportunity to present evidence on issues of fact and shall have the right of cross-examination; provided, however, that irrelevant or repetitious cross-examination may be excluded at the discretion of the hearing officer. The rules of evidence shall not apply to such a public hearing.

(d) Hearing officer's record. The hearing officer shall be responsible for assuring that a complete record of hearing be kept. In addition to the evidence presented pursuant to subdivision (c) of this section, the record shall consist of any additional documents in the possession of the department which are relevant to the application and are introduced into the record of the hearing. The department may utilize its experience, technical competence, resources and specialized knowledge and any resources available to it in providing factual information for the record and the hearing officer may take notice of general, technical or scientific facts within the specialized knowledge of the department. Parties in interest shall be afforded an opportunity to contest the facts so noticed. Any document relied on by the department shall be available for inspection by the parties in interest.

(e) Hearing officer's decision. The hearing officer shall make findings of fact and his recommended determination and reasons for such recommendations and, within 60 days of receipt of the transcript of the hearing, unless extended by the central tidal wetlands permit administrator, shall forward them to the commissioner for determination. The commissioner will issue his determination within 30 days of receipt of such recommendations. No determination shall be made except upon the basis of the record.

(f) Reopening of hearing. The commissioner or the central tidal wetland permit administrator may at any time direct that the hearing be reopened where the public interest so requires.

(g) Waiver of hearing. If no timely notice of appearance has been filed as provided in the notice of petition described in section 660.4 of this Part and the petitioner waives any public hearing on his petition, the local tidal wetland permit administrator may dispense with a public hearing. In such event, an official file shall be compiled by the local tidal wetland permit administrator consisting of documents submitted by the petitioner and any additional documents relied on by the department with respect to the application. The department may also utilize its own experience, technical competence, resources and specialized knowledge and any resources available to it and may take notice of general, technical or scientific facts within the specialized knowledge of the department. Any document made part of such official file shall be available for inspection by the petitioner and other interested persons. The local tidal wetland permit administrator may at any time request additional information from the petitioner. The official file will be referred to the central tidal wetlands permit administrator for action under section 660.7 of this Part.

(h) Cost of hearing. The petitioner shall pay the costs of the public hearing, including payment for a reporter and the costs of the department for the transcript of the hearing and for physical accommodations for the holding of the hearing if not held in department facilities.

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