New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter II - Regulation of Land Use and Development and Subdivision of Land › Part 580 - Hearing Procedures › Section 580.14 - Conduct of the hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The hearing
				  officer.
(1) Any public hearing may be
				  conducted by an agency member or employee or other person designated as a
				  hearing officer by the agency. The designation of a hearing officer shall be in
				  writing and made part of the record.
(2) A person may not serve as a hearing
				  officer if he:
(i) has any financial interest,
				  direct or indirect, in any matter involved in the proceedings;
(ii) is related by blood or marriage to any
				  party;
(iii) has participated in
				  any investigation with respect to the project or in the development or evidence
				  to be introduced at the hearing; or
(iv) is otherwise disqualified.
(3) The hearing officer shall
				  conduct the hearing in a fair and impartial manner, and shall assure that a
				  complete record is kept pursuant to paragraph (g)(2) of this section.
(4) The hearing officer shall have power to:
(i) direct the parties to appear and confer
				  at any time prior to or during the course of the hearing to consider the
				  simplification of issues by consent of the parties;
(ii) rule upon motions;
(iii) set the time and place of hearings
				  beyond the initial hearing day, regulate the course of the hearing; adjourn the
				  hearing from time to time, indicate the place of the adjourned hearing; and fix
				  the time for the filing of briefs and other documents;
(iv) administer oaths and
				  affirmations;
(v) in conformance
				  with subdivision (d) of this section, sign and issue subpoenas in the name of
				  the agency at the request of any party, requiring the attendance and testimony
				  of witnesses and the production of books, papers, records, contracts and other
				  documentary evidence; however, this subparagraph shall not affect the authority
				  of an attorney for a party to issue subpoenas under the Civil Practice Law and
				  Rules;
(vi) summon and examine
				  witnesses and receive evidence;
(vii) upon good cause shown by any party,
				  order the production of specified documents for inspection and copying, and the
				  use of written interrogatories, consistent with the general principles of
				  article 31 of the Civil Practice Law and Rules;
(viii) provide for the taking of testimony by
				  deposition;
(ix) admit or exclude
				  evidence;
(x) hear and determine
				  arguments of fact or law; and
(xi)
				  do all acts and take all measures necessary for the maintenance of order and
				  the efficient conduct of the hearing.
(5) If requested to do so by the agency at
				  the time of his designation, the hearing officer shall make findings of fact
				  and conclusions of law based on the record and shall forward a report to the
				  agency for acceptance, rejection or modification.
(6) Upon declination, failure to serve,
				  death, resignation, removal or disqualification of the hearing officer, the
				  agency may designate a successor who may continue the proceedings.