NY Env Conserv L § 15-0903 (2021)
2021 New York Laws ENV - Environmental Conservation Article 15 - Water Resources Title 9 - Administrative Procedures for Article 15 15-0903 - Hearing Procedure.

§ 15-0903. Hearing procedure.1.  The  provisions  of this title shall not apply to applications for   permits, requests for permit renewals and modifications,  or  to  permit   modification,  suspension  or  revocation  proceedings  initiated by the   department where any of such actions involve title 5, 15 or 27  of  this   article.2.  Whenever  a public hearing is to be held pursuant to this article,   the notice of such hearing shall  be  published  in  such  newspaper  or   newspapers  as  the department shall deem appropriate, once in each week   for not more than four weeks. At least one publication  shall  be  in  a   newspaper  of  general  circulation in the area affected. Notice thereof   shall specify that on a date therein named, the  department  will  cause   such  hearing  to  be  held  at  such  place  and time as it may specify   therein, for the purpose of receiving evidence and  arguments  from  all   persons  and  public  corporations  that may be affected by the proposed   permit or project and shall have filed  timely  notices  of  appearance.   The  public  notice  shall  specify the last day, not more than ten days   prior to the day specified for the public hearing, on which  notices  of   appearance  may  be  filed with the department. Notices of appearance in   opposition to the permit or project  shall  recite  in  the  notice  the   interest of the person or public corporation filing such notice, and the   specific  grounds  of  objection  to the permit or project. In the event   that no notice of appearance in opposition to  the  proposed  permit  or   project  is filed within the time specified, the department may dispense   with the public hearing and shall proceed to consider  and  examine  the   application,  petition, maps, plans, proofs, arguments and other matters   submitted in support  of  the  proposed  permit  or  project;  provided,   however,  that nothing herein contained shall authorize the denial of an   application unless and  until  the  applicant  or  petitioner  has  been   afforded  an opportunity to present proof and argument in support of the   application.   The notice of hearing  shall  also  specify  the  subject   matter  of  the  hearing  in  such  detail  as the department shall deem   necessary.3. Conduct of hearing shall be as follows:a. All hearings shall be public except as to  those  matters  where  a   public  hearing  may  be  dispensed  with  pursuant to the provisions of   subdivision 1 of this section.b.  The  hearings  herein  provided  for  may  be  conducted  by   the   commissioner  or any employee of the department to whom the commissioner   shall delegate the power and authority to conduct  such  hearings  as  a   hearing officer in the name of the department at any time and place.c.  In  such  hearings,  the  hearing  officer may administer oaths to   witnesses and may  issue  subpoenas  in  the  name  of  the  department,   requiring  the  attendance  and  giving  testimony  by witnesses and the   production of books, papers and  other  documentary  evidence  for  such   hearings.d. The record, or summary thereof, of the proceedings of such hearings   shall  be made and filed with the department. The department, on its own   motion or if requested to do so, may cause to be taken  and  filed  with   the  department  a  full  stenographic  transcript  in  duplicate of the   testimony presented at the hearing. The cost of such  department  copies   shall  be paid by the applicant. The stenographer shall, upon payment of   his fees by a person requesting the same, furnish a copy of the whole or   any part of the transcript to such person.e. The department may, for the purpose of such a hearing, provide  for   the  taking  of  depositions  of  witnesses  before  any  member  of the   department, or any  person  who  may  be  designated  hereunder  by  the   department to hold hearings. In such case such member, employee or other    person may administer oaths to the witnesses whose depositions are to be   taken. Each deposition shall be reduced to writing and subscribed by the   deponent  and  shall  be  filed  with  the department prior to the final   adjournment of the hearings.f.  The  provisions of subdivision y of section 71-0503, applicable to   investigations by the department and a direction to testify made by  the   department,  shall  apply to hearings and investigations and a direction   to testify or produce evidence made by a hearing officer  at  a  hearing   conducted pursuant to the provisions of this article.g.  The  department  and hearing officers designated by it pursuant to   this article shall not be bound by the laws of evidence in  the  conduct   of  hearing  proceedings,  but every decision and order shall be founded   upon competent, material evidence which is substantial in  view  of  the   entire record.h.  No  factual  information or evidence other than that in the record   shall be considered in arriving at a decision in a  case.  However,  all   evidence,  including  records  and  documents  in  the possession of the   department of which it desires to avail itself, may be offered and  made   a  part  of the record in the case. All such documentary evidence may be   received in the form of copies  or  excerpts,  or  by  incorporation  by   reference.i.  The  applicant and any person who has filed a notice of appearance   shall have the right of cross-examination of witnesses who testify,  and   shall have the right to submit rebuttal evidence.j.  The  department may take notice of judicially cognizable facts and   in addition may take notice of general, technical, or  scientific  facts   within  its  specialized  knowledge.  Parties  shall  be notified either   before or during the hearing, or by reference in preliminary reports  or   otherwise,  of  material  so  noticed,  and  they  shall  be afforded an   opportunity to contest the facts so noticed. The department may  utilize   its  experience,  technical competence, and specialized knowledge in the   evaluation of evidence presented to it.4. The department shall, upon  any  application  submitted  to  it  or   initiated  on  its  own  motion, render its decision thereon in writing,   including or accompanied by findings of fact, and whenever  required  by   this   article,  by  statutory  determinations.  The  original  of  such   decision, together with all maps, plans  and  other  papers  or  records   relating  thereto,  shall be filed and kept on file in the department. A   copy of the decision shall be delivered or mailed  to  the  attorney  of   record  of  the  applicant  and  of  each  person  who filed a notice of   appearance,  or  to  the  applicant  or  such  person  directly  if  not   represented by an attorney.