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 674 - Hearings Of The Water Resources Planning Council
Section 674.10 - Conduct of hearing
Current through Register Vol. 46, No. 39, September 25, 2024
The ALJ shall have the discretion to adjust the order of events and establish the procedures to promote the conduct of a fair and efficient hearing. In general, the order of events shall be as follows:
(a) Formal opening. The ALJ shall convene the hearing by opening the record and making appropriate procedural announcements
(b) Noting appearances. The ALJ shall call the name of each person who has properly filed for status as a party and announce the decisions on the extent of each party's participation.
(c) Presentation by council. The council shall make a brief presentation of the water resources management strategy which is the subject of the hearing.
(d) Presentations of statements. The ALJ shall hear the unsworn statements of those persons other than persons who granted party status. The ALJ may require that lengthy statements be submitted in writing and summarized for oral presentation.
(e) Presentation of witnesses. The ALJ shall hear the sworn witnesses of parties. Questioning of witnesses will be conducted in a sequence to be established by the ALJ, and shall be limited to those areas testified to by the witness.
(f) The members of the council shall have the right to question any witnesses sponsored by any party.
(g) Department staff familiar with the water resources management strategy may be available for questioning on issues relevant to such strategy.
(h) There shall be no motions or discovery.
