NY Env Conserv L § 70-0119 (2021)
2021 New York Laws ENV - Environmental Conservation Article 70 - Uniform Procedures 70-0119 - Public Hearings.

§ 70-0119. Public hearings.1.  After  evaluating  an application for a permit and any comments of   department staff, other state agencies or units of government or members   of the public, the department shall, on or before  sixty  calendar  days   after  it mails notice to the applicant that the application is complete   or on or before sixty days after  the  application  is  deemed  complete   pursuant  to the provisions of this article, determine whether or not to   conduct a public hearing on the application and mail written  notice  to   the  applicant  of  a  determination  to  conduct a public hearing. Such   determination shall be based on whether the evaluation or comments raise   substantive  and  significant  issues  relating  to  any   findings   or   determinations  the  department  is  required  to  make pursuant to this   chapter, including the reasonable likelihood that a permit  applied  for   will  be  denied  or can be granted only with major modifications to the   project because the project  as  proposed  may  not  meet  statutory  or   regulatory  criteria or standards; provided, however, where any comments   received from members of the public or otherwise raise  substantive  and   significant  issues  relating  to  the application and resolution of any   such issue may result in denial of  the  permit  or  the  imposition  of   significant  conditions  thereon,  the  department  shall  hold a public   hearing on the application.2. If a public hearing is to be held, it shall commence on  or  before   ninety  calendar  days  after the department mails written notice to the   applicant that the application  is  complete  or  on  or  before  ninety   calendar  days  after the application is deemed complete pursuant to the   provisions of this article. Reasonable notice of the  hearing  shall  be   given  to  the applicant and to persons who have made written request to   participate in it and notice to the public shall be given by publication   of a notice of hearing  in  the  environmental  notice  bulletin,  in  a   newspaper  as otherwise required by law, and in such other manner as the   department may direct, if any.3. The department may require an applicant to pay the cost of  renting   a  hearing  room  and of preparing a transcript associated with a public   hearing conducted pursuant to this article. Prior to commencing a public   hearing  pursuant  to  this  article,  the  department  may  require  an   applicant to post a bond or other suitable undertaking to assure payment   of such costs.4.  When  an  applicant  has  submitted  applications  for one or more   permits associated with a project and more than one  public  hearing  is   required,  including  public  hearings pursuant to article eight of this   chapter, said public hearings shall be consolidated into a single public   hearing at the request of the applicant wherever  practicable.    Public   hearings  associated  with  a project shall also be consolidated or held   jointly with one  or  more  other  state  or  local  agencies,  whenever   practicable.5.  Public  hearings  pursuant  to  this article shall be conducted as   provided in rules and regulations adopted by the department pursuant  to   section  70-0107  and  as provided in the state administrative procedure   act.