NY Pub Serv L § 145-2 (2021)
2021 New York Laws PBS - Public Service Article 8* - Siting of Major Steam Electric Generating Facilities 145*2 - Conduct of the Hearing.

* § 145. Conduct  of the hearing. 1. The hearing shall be conducted by   the presiding examiner appointed by the department of public service. An   associate hearing examiner shall  be  appointed  by  the  department  of   environmental conservation prior to the date set for commencement of the   public  hearing.  His  primary responsibility during the pendency of the   proceeding shall be to attend  hearings  and  otherwise  participate  as   associate  examiner  in  such  proceeding.  The associate examiner shall   attend all hearings as scheduled by the presiding examiner  and  inquire   into  and  call  for testimony concerning relevant and material matters.   The conclusions and recommendations of the associate examiner  shall  be   incorporated  in  the  recommended  decision  of the presiding examiner,   unless the associate examiner prefers to submit  a  separate  report  of   dissenting  or concurring conclusions and recommendations. The testimony   presented at such  hearing  may  be  presented  in  writing  or  orally,   provided  that  the  commission  may  make  rules  designed  to  exclude   repetitive, redundant or irrelevant testimony. Any  governmental  agency   receiving  a  request  for evidence from a hearing examiner shall comply   promptly therewith. A record shall be made of the  hearing  and  of  all   testimony  taken  and  the  cross-examinations  thereon.  The  rules  of   evidence applicable to proceedings before a court shall not  apply.  The   presiding   examiner   may   provide   for   the  consolidation  of  the   representation of parties, other than governmental bodies  or  agencies,   having similar interests. In the case of such a consolidation, the right   to  counsel  to its own choosing shall be preserved to each party to the   proceeding provided that the consolidated group may be  required  to  be   heard  through  such  reasonable  number  of  counsel  as  the presiding   examiner shall determine. Appropriate regulations may be issued  by  the   commission  to provide for prehearing discovery procedures by parties to   the proceeding and for consolidation of the representation of parties.2. A copy of the record shall be made available by the  commission  at   all reasonable times for examination by the public.3.  The  presiding  examiner  shall  cause  proffered  testimony to be   received on alternate site and source proposals provided notice  of  the   intent to submit such testimony shall be given within such period as the   commission shall prescribe by regulation, which period shall be not less   than  thirty  nor  more  than  sixty  days after the commencement of the   hearing. Nevertheless, in its discretion, the board  or  the  commission   may  thereafter cause to be considered other potential sites and sources   and cause testimony to be accepted thereon.4. The chairman of the commission may enter into an agreement with any   agency or department of the United States having concurrent jurisdiction   over all or part of the location, construction, or operation of a  major   steam  electric generating facility subject to this article with respect   to providing for a joint hearing of common issues on a combined  record,   provided  that  such agreement shall not diminish the rights accorded to   any party under this article.* NB Expired January 1, 1979* NB Operative with regard to applications filed on or before December31, 1978* NB There are 2 § 145's