reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 622 - Uniform Enforcement Hearing Procedures › Section 622.4 - Answer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within twenty
				(20) days of receiving the notice of hearing and complaint or an amended
				complaint, respondent must serve on department staff an answer signed by
				respondent, respondent's attorney or other authorized representative. The time
				to answer may be extended by consent of department staff or by permission of
				the ALJ. Failure to make timely service of an answer constitutes a default and
				a waiver of respondent's right to a hearing.
(b) Respondent must specify in the answer
				each allegation of the complaint respondent admits, each allegation respondent
				denies, and each allegation as to which respondent lacks information sufficient
				to form a belief as to the truth or accuracy of the allegation.
(c) Respondent's answer must explicitly
				assert any affirmative defenses including those listed in CPLR 3018 together
				with a statement of the facts as may be necessary to provide notice of each
				affirmative defense asserted. Whenever the complaint alleges that respondent
				conducted an activity without a required permit, a defense based upon the
				inapplicability of the permit requirement to the activity constitutes an
				affirmative defense. Inability to pay constitutes an affirmative defense, but
				only to department staff's request for a penalty and not as a defense to
				liability.
(d) Affirmative defenses
				not pleaded in the answer may not be raised in the hearing unless allowed by
				the ALJ. The ALJ will only allow the defense upon the filing of a satisfactory
				explanation as to why the defense was not pleaded in the answer and a showing
				that the affirmative defense is likely to be meritorious.
(e) Respondent may move for a more definite
				statement of the complaint within ten (10) days of receipt of the complaint on
				the grounds that the complaint is so vague or ambiguous that respondent cannot
				reasonably be required to frame an answer.
(1) If the motion is denied, respondent must
				answer within ten (10) days of receipt of notice that the motion is
				denied.
(2) If the motion is
				granted, department staff must serve an amended complaint within fifteen (15)
				days of receipt of notice that the motion is granted and respondent must serve
				an answer within twenty (20) days of the receipt of the amended
				complaint.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 622 - Uniform Enforcement Hearing Procedures › Section 622.5 - Amendment of pleadings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				party may amend its pleading once without permission at any time before the
				period for responding expires or, if no responsive pleading is required, within
				twenty (20) days after service of the pleading.
(b) Consistent with CPLR 3025, a party may
				amend its pleading at any time prior to the final order of the commissioner by
				permission of the ALJ or the commissioner, and absent prejudice to the ability
				of any other party to respond.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 622 - Uniform Enforcement Hearing Procedures › Section 622.6 - General rules of practice

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				'Service of papers.'
(1) CPLR 2103 governs
				service of papers except that papers may be served by a party and service upon
				respondent's duly authorized representative may be made by the same means as
				provided for service upon an attorney. Notwithstanding any other rule to the
				contrary, service may be made by transmission of papers by electronic
				transmission, such as email or facsimile, if agreed to in advance by the
				parties or authorized by the ALJ.
(2) Any required filing or proof of service
				must be filed with the Office of Hearings and Mediation Services.
(3) When service of motion papers by
				electronic transmission, such as facsimile or email, is agreed to in advance by
				the parties or authorized by the ALJ, the parties must simultaneously send a
				copy of the papers transmitted electronically to the recipient by first class
				mail.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 622 - Uniform Enforcement Hearing Procedures › Section 622.7 - Disclosure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) 'Scope.'
(1) Except as noted below, the scope of
				disclosure is as broad as the scope of disclosure under CPLR Article 31.
(2) Electronically stored
				information (ESI).
(i) Unless authorized by
				the ALJ, disclosure of ESI is limited to active data only.
(ii) Upon motion of any party demonstrating
				substantial prejudice, the ALJ may order additional disclosure of ESI, subject
				to any terms and conditions deemed appropriate by the ALJ. Such a motion must
				be accompanied by an affirmation of an attorney, or an affidavit of the moving
				party if not represented by an attorney, describing the good faith efforts to
				resolve the dispute without resort to a motion.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 622 - Uniform Enforcement Hearing Procedures › Section 622.8 - The pre-hearing conference

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				pre-hearing conference must be held when notice thereof, including the date,
				time and location, is provided in the notice of hearing. A pre-hearing
				conference will not be held when a proceeding is commenced by motion for an
				order without hearing in lieu of complaint. In any situation where provisional
				relief is imposed prior to the opportunity for a hearing or where respondent is
				entitled by law or regulation to a hearing within a stated period of time, a
				pre-hearing conference may only be held with the consent of
				respondent.
(b) The purpose of the
				pre-hearing conference is to resolve, define and clarify issues between the
				parties prior to the hearing. The parties may request that the matter be
				mediated pursuant to section 622.19  of this Part. No stenographic
				transcriptions or recordings of the conference will be made.
(c) Department staff and respondent must
				attend the pre-hearing conference. If an ALJ is not present at the pre-hearing
				conference, the parties may consult by conference call or in person with the
				Office of Hearings and Mediation Services. Attendance at the conference is
				mandatory, and failure to attend the pre-hearing conference constitutes a
				default and a waiver of the opportunity for a hearing if, at the time of the
				conference, respondent's time to answer has expired.
(d) If respondent fails to appear at the
				pre-hearing conference and an ALJ is present, department staff may request that
				a hearing record be opened at the time of the pre-hearing conference, note
				respondent's failure to appear and move for a default on the record and proceed
				with the hearing, if:
(1) department staff
				provided notice to respondent that failure to appear at the pre-hearing
				conference will constitute a default and a waiver of respondent's right to a
				hearing, and staff may proceed in respondent's absence; and
(2) respondent's time to answer has
				expired.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 622 - Uniform Enforcement Hearing Procedures › Section 622.9 - Statement of readiness for adjudicatory hearing and notice of enforcement hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				'General.' Upon department staff's filing of a statement of readiness for
				adjudicatory hearing and a copy of the pleadings with the Chief ALJ and ALJ, if
				one has been assigned, a proceeding will be scheduled for hearing. The
				statement of readiness must be in a form established by the department and must
				be served on all parties to the hearing. However, wherever respondent is
				entitled by law or regulation to a hearing within a stated period of time, the
				proceeding will be scheduled for hearing upon the filing of a copy of the
				answer with the Office of Hearings and Mediation Services.
(b) 'Contents.' The statement of readiness
				for adjudicatory hearing must include:
(1)
				the name, address and telephone number of each party and the party's attorney
				or authorized representative;
(2) a
				statement that disclosure is complete or has been waived or an explanation as
				to why disclosure has not been completed;
(3) a statement that a reasonable attempt has
				been made to settle, and that the proceeding is ready for adjudication;
				and
(4) a request for a hearing
				date.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 622 - Uniform Enforcement Hearing Procedures › Section 622.10 - Conduct of the proceeding

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				'Order of events at the hearing.'
(1) Before
				any evidence is offered, department staff and then respondent may make an
				opening statement.
(2) The ALJ will
				determine the order in which parties present evidence but will generally
				require the party with the burden of proof to present its case first.
				Department staff may present a rebuttal case with respect to any affirmative
				defenses presented by respondent. At the discretion of the ALJ, rebuttal cases
				may be allowed in other situations.
(3) Each witness will first be questioned by
				the party calling the witness (direct examination) and then examined by the
				opposing party (cross examination). These examinations may be followed by
				re-direct and re-cross examinations.
(4) The ALJ will determine the sequence in
				which the issues will be tried and otherwise regulate the conduct of the
				hearing in order to achieve a speedy and fair disposition of the matters at
				issue.
(5) At the conclusion of the
				evidentiary hearing, the ALJ may give the parties an opportunity to make
				closing statements or to file briefs.
(6) A hearing will be conducted as nearly as
				practicable in the manner of a civil judicial proceeding.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 622 - Uniform Enforcement Hearing Procedures › Section 622.12 - Motion for order without hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In lieu of or in addition to a notice of
				hearing and complaint, department staff may serve a motion for order without
				hearing together with supporting affidavits reciting all the material facts and
				other available documentary evidence. Simultaneously with the service of the
				motion for order without hearing or as soon as practical thereafter, department
				staff must file with the Chief ALJ a copy of the motion and supporting papers
				together with proof of service on each respondent.
(1) A motion for order without hearing in
				lieu of complaint must be served in the manner prescribed in paragraph
				622.3(a)(3) of this Part.
(2) A
				motion for order without hearing served after jurisdiction has been obtained
				over respondent by service of a notice of hearing and complaint must be served
				in the manner prescribed in subdivision
				622.6(a) 
				of this Part.
(3) A motion for
				order without hearing served after service of a notice of hearing and complaint
				may amend the pleadings subject to the requirements of section
				622.5  of
				this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 622 - Uniform Enforcement Hearing Procedures › Section 622.13 - Expedited fact finding

Current through Register Vol. 46, No. 28, July 10, 2024
Where a complaint includes the allegation that a respondent
				  is unlawfully conducting an activity without a permit, the ALJ must, upon
				  motion from department staff or respondent, sever this issue from the other
				  allegations for expedited adjudication. Upon completion of the expedited
				  adjudication, the ALJ will submit a report to the commissioner containing
				  findings of fact, conclusions of law and recommendations limited to whether
				  respondent is unlawfully conducting an activity without a permit. Upon
				  determining that respondent is conducting the unpermitted activity, the
				  commissioner may issue an order directing respondent to discontinue the
				  unpermitted activity. All remaining issues, including the assessment of civil
				  penalties, must be heard and resolved as part of the original
				  proceeding.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 622 - Uniform Enforcement Hearing Procedures › Section 622.14 - Summary abatement and summary suspension orders

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Department staff may commence a
				proceeding by serving upon a person a summary abatement order pursuant to ECL
				71-0301 and 71-1719 or a summary suspension order pursuant to SAPA section
				401(3). Any such order must provide a clear statement of its basis and of the
				opportunity for a hearing. The date for the hearing must be set in the order
				and the order must also contain a statement that the failure to appear at the
				hearing constitutes a default and the waiver of the right to a
				hearing.
(b) Sections
				622.3,
				622.4,
				622.8,
				622.9
				and
				622.13  of
				this Part are not applicable to proceedings brought pursuant to this
				section.
(c) In a summary abatement
				proceeding, the provisions of Part 620 of this Title also apply and supersede
				any inconsistent provision of this Part.
(d) Where a person is served with a summary
				abatement order or a summary suspension order, the person may also be served
				with a complaint as provided in section
				622.3 
				of this Part. Whenever possible, but without prejudice to respondent's rights,
				the matters that are the subject of the complaint may be heard together with
				those that are the subject of the summary abatement or summary suspension
				order.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 622 - Uniform Enforcement Hearing Procedures › Section 622.15 - Default procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				respondent's failure to file a timely answer or, even if a timely answer is
				filed, failure to appear at the hearing or the pre-hearing conference (if one
				has been scheduled pursuant to section
				622.8 
				of this Part) constitutes a default and a waiver of respondent's right to a
				hearing. If a respondent fails to answer or to appear, department staff may
				make a motion to the ALJ for a default judgment.
(b) The motion for a default judgment may be
				made orally on the record or in writing and must contain:
(1) Proof of service upon respondent of the
				notice of hearing and complaint or such other document which commenced the
				proceeding;
(2) Proof of
				respondent's failure to appear or failure to file a timely answer;
(3) Consistent with CPLR 3215(f), proof of
				the facts sufficient to support the violations alleged and enable the ALJ and
				commissioner to determine that staff has a viable claim;
(4) A concise statement of the relief
				requested;
(5) A statement of
				authority and support for any penalty or relief requested; and
(6) Proof of mailing the notice required by
				subdivision (d) of this section, where applicable.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 622 - Uniform Enforcement Hearing Procedures › Section 622.16 - Ex parte rule

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Except as provided below, an ALJ must not communicate, directly or through a
				representative, with any person in connection with any issue that relates in
				any way to the merits of the proceeding without providing notice and an
				opportunity for all parties to participate.
(b) An ALJ may consult on questions of law or
				procedure with supervisors and other staff of the Office of Hearings and
				Mediation Services, provided that the supervisors or staff have not been
				engaged in investigative or prosecutorial functions in connection with the
				adjudicatory proceeding under consideration or a factually related adjudicatory
				proceeding.
(c) An ALJ, the Chief
				ALJ and the deputy commissioner for hearings and mediation services may
				communicate with any person on ministerial matters, such as scheduling or the
				location of a hearing.
(d) Parties
				or their representatives must not communicate with the ALJ, Chief ALJ, deputy
				commissioner for hearings and mediation services or the commissioner, or any
				person advising or consulting with any of them, in connection with any issue
				without providing proper notice to all the other parties.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 622 - Uniform Enforcement Hearing Procedures › Section 622.17 - Record

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A hearing must
				be recorded verbatim. For this purpose and consistent with respondent's rights,
				the ALJ may use whatever means the ALJ deems appropriate, including but not
				limited to the use of stenographic transcriptions or recording
				devices.
(b) The record of the
				proceeding must include: the notice of hearing, complaint and any other
				documents commencing the proceeding; motions and requests filed, and rulings
				thereon; the transcript or recording of the testimony taken at the hearing;
				exhibits submitted and received; stipulations, if any; a statement of matters
				officially noticed except matters so obvious that a statement of them would
				serve no useful purpose; the hearing report; and any comments to the hearing
				report filed pursuant to section
				622.18(a)(3) 
				of this Part.
(c) A copy of the
				stenographic transcript of the hearing, or if the hearing is recorded, a copy
				of the media on which the recording is saved, such as tape, hard drive or disc,
				or a transcript of the recording will be available to any party upon request to
				the stenographer or department, as appropriate, and upon payment of the fees
				allowed by law.
(d) At the
				conclusion of the hearing, the ALJ will determine whether to allow the
				submission of written post-hearing briefs. The hearing record will be closed
				upon the close of the hearing; the receipt by the ALJ of the stenographic
				transcript, if one was made; the receipt of additional technical data or other
				material agreed at the hearing to be made available after the hearing; or the
				submission of briefs and reply briefs, and memoranda, if any, by the various
				parties, whichever occurs last. The ALJ will notify the parties in writing upon
				the closing of the hearing record.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 622 - Uniform Enforcement Hearing Procedures › Section 622.18 - Final order

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				'Hearing report.'
(1) The ALJ will submit a
				hearing report to the commissioner within forty-five (45) days after the close
				of the record. The report must include findings of fact, conclusions of law and
				recommendations on all issues before the ALJ.
(2) The hearing report will be circulated to
				the parties as a recommended decision when:
(i) required by law; or
(ii) directed by the commissioner.
(3) All parties to the hearing
				must have fourteen (14) days after receipt of the recommended decision to file
				comments to the commissioner, unless the time is shortened or lengthened by the
				ALJ or the commissioner.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 622 - Uniform Enforcement Hearing Procedures › Section 622.19 - Mediation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) ALJs have the
				authority to mediate enforcement matters.
(b) Mediation may be requested by the parties
				at any time after commencement of an enforcement proceeding. The request must
				be made to the assigned hearing ALJ or to the Chief ALJ if an ALJ has not been
				assigned to the matter. Upon consent of all parties, the matter will be set
				down for mediation and an ALJ will be assigned to mediate the matter. Unless
				the parties agree otherwise, the assigned hearing ALJ will not be assigned to
				mediate the matter.
(c) The hearing
				will not be adjourned, in whole or part, without permission of the assigned
				hearing ALJ or the Chief ALJ if an ALJ has not been assigned to the
				proceeding.
(d) The assigned
				mediator must not discuss the merits of the matter with the assigned hearing
				ALJ or other members of the Office of Hearings and Mediation Services involved
				in the adjudication of the matter, and no records, notes or memoranda of the
				mediation and no offers of settlement, compromise or similar disclosures made
				during the mediation may be introduced into the adjudicatory hearing record,
				without the consent of the parties unless authorized under CPLR 4547.
(e) The ALJ assigned as mediator has the
				power to:
(1) conduct the mediation and direct
				any adjournments or continuances thereof;
(2) offer opinions on the relative merits of
				the parties' positions and defenses;
(3) facilitate the resolution of the matters
				at issue in the enforcement proceeding;
(4) in furtherance of the objectives of
				paragraphs (2) and (3) of this subdivision, caucus separately with the parties;
				and
(5) close the mediation if no
				reasonable progress towards resolution is being made.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 623 - Use Of Environmental Education Centers › Section 623.1 - Regulations

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part shall apply to all persons
				  entering upon or using the department's environmental education centers
				  commonly known as Five Rivers environmental conservation center, Rogers
				  environmental education center and Stony Kill environmental education
				  center.
(a) Center grounds are open
				sunrise to sunset. Visitors are not permitted on the grounds after dark, except
				by written permission or for attendance at scheduled programs.
(b) Plants and animals shall not be removed
				or introduced without permission.
(c) Vehicles are to be parked in designated
				areas only.
(d) Vehicles are
				permitted on restricted roadways or fields only by written
				permission.
(e) Only pedestrian
				traffic is permitted on trails, fields and restricted roadways.
(f) Pets are not allowed on center grounds
				except by written permission.
(g)
				Picnicking is permitted in designated areas only. Fires are prohibited, except
				in specially marked areas when conditions permit.
(h) No alcoholic beverages are allowed on the
				center grounds.
(i) Littering is
				not permitted.
(j) Athletic games
				are permitted in designated areas only.
(k) Ice skating, swimming and boating are
				prohibited, except as an integral part of a center program.
(l) Hunting and trapping are prohibited,
				except in designated areas and by written permission only. Fishing is permitted
				in designated areas only.
(m)
				Firearms are prohibited on the grounds, except by written permission.
(n) Visitors are not permitted in restricted
				areas, except by written permission or when accompanied by department
				personnel.
(o) Visitors shall
				comply with the instruction of center personnel and with notices posted by the
				department.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 624 - Permit Hearing Procedures › Section 624.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part is
				applicable to hearings conducted by the department arising out of the following
				circumstances and supersedes any inconsistent regulations except to the extent
				explicitly noted:
(1) a determination by the
				department staff to hold an adjudicatory hearing pursuant to section
				621.8(b) 
				of this Title (on identification by department staff of substantive and
				significant issues);
(2) a request
				made by an applicant in conformance with the provisions of section
				621.10(a)(1) and
				(2)  of this Title (based on department
				staff's denial of permit or attachment of significant conditions);
(3) a determination made by department staff
				to hold an adjudicatory hearing pursuant to section
				621.15(f) 
				of this Title (conceptual review);
(4) a request made by an applicant in
				conformance with the provisions of section
				621.11(g) 
				of this Title (based on department staff's denial or conditioning of a permit
				in response to an application to renew or modify);
(5) a request made by a permittee in
				conformance with the provisions of section
				621.13(d) 
				of this Title (based on department staff's proposed modification, suspension or
				revocation of a permit); except, where the basis for modification, suspension
				or revocation is founded on matters which, in whole or in substantial part,
				constitute a violation of the ECL, its implementing regulations, an order or
				permit, as defined herein, issued by the department. In such cases the
				provisions of Part 622 of this Title govern;
(6) any circumstance comparable to those set
				forth in paragraph (1), (2), (3), (4) or (5) of this subdivision which arises
				out of any permit, as defined herein, that is not subject to ECL article 70 or
				Part 621 of this Title. The circumstances where this Part applies include, but
				are not limited to, permits for aquatic pesticide applications, the
				registration of pesticides, oil and gas well spacing variances, oil facility
				certifications and water supply rate disputes.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 624 - Permit Hearing Procedures › Section 624.4 - Legislative hearing and issues conference

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Legislative hearing.
(1) The ALJ will hear and receive the unsworn
				statements of parties and non-parties relating to the permit applications. A
				stenographic transcript of such statements will be made but will not be part of
				the record of the proceeding, as defined by section
				624.12  of
				this Part (except as described in paragraph [3] of this subdivision or as
				otherwise admitted into evidence).
(2) The ALJ may require that lengthy
				statements be submitted in writing and summarized for oral
				presentation.
(3) Whenever a DEIS
				accompanies the application and the department is the lead agency as defined in
				Part 617 of this Title, all statements made at the legislative hearing will
				constitute comments on the DEIS and all substantive comments must be addressed
				pursuant to the procedures set forth in section
				617.14 
				of this Title.
(4) The statements
				made at the legislative hearing do not constitute evidence but may be used by
				the ALJ as a basis to inquire further of the parties and potential parties at
				the issues conference.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 624 - Permit Hearing Procedures › Section 624.5 - Hearing participation

Current through Register Vol. 46, No. 28, July 10, 2024
Participation in the hearing may be as a full party or as
amicus,
depending upon the demonstrated compliance with the
				  criteria set forth in subdivisions (b) through (d) of this section. Non-
				  parties who wish to have their comments recorded will be permitted to submit
				  oral or written comments during the legislative portion of the hearing, or as
				  otherwise provided by the ALJ, as set forth in section
				  624.4 
				  of this Part. Such statements will not constitute evidence in the adjudicatory
				  hearing, but will constitute comments on the DEIS, if one exists, and may be
				  used by the ALJ as a basis to inquire further of all parties and potential
				  parties at the issues conference.
(a)
Mandatory parties.
The applicant and assigned department staff are automatically
				  full parties to the proceeding. However, in the case of a water supply rate
				  dispute only the municipalities involved in the dispute are mandatory
				  parties.
(b)
Other
				parties.
By the date set in the notice of hearing, a person desiring
				  party status must file a petition in writing which includes the requirements of
				  either paragraphs (1) and (2) or paragraphs (1) and (3) of this
				  subdivision.
(1) Required contents of
				petition for party status:
(i) fully identify
				the proposed party together with the name(s) of the person or persons who will
				act as representative of the party;
(ii) identify petitioner's environmental
				interest in the proceeding;
(iii)
				identify any interest relating to statutes administered by the department
				relevant to the project;
(iv)
				identify whether the petition is for full party or
amicus
status;
(v) identify the precise
				grounds for opposition or support.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 624 - Permit Hearing Procedures › Section 624.6 - General rules of practice

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Service.
(1) Rule 2103 of the CPLR will
				govern service of papers except that service upon the party's duly authorized
				representative may be made by the same means as provided for service upon an
				attorney.
(2) Proof of service must
				be made in the same manner as under the CPLR. Any required filing or proof of
				service must be with the Office of Hearings and Mediation Services.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 624 - Permit Hearing Procedures › Section 624.7 - Discovery

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Prior to the
				issues conference. Discovery is limited to what is afforded under Part 616 of
				this Title (access to records). In the absence of extraordinary circumstances
				the ALJ will not grant petitions for further discovery. This provision does not
				alter the rights of any person under Part 616 of this Title nor does it limit
				the ability of any party to seek disclosure after the issues
				conference.
(b) Without permission
				of the ALJ. Within 10 days after service of the final designation of the issues
				any party has the right to serve a discovery demand upon any other party
				demanding that party provide:
(1) documents,
				in general conformance with CPLR 3120(a)(1)(i);
(2) a list of witnesses to be called, their
				addresses, and the scope and content of each witness's proposed testimony, and
				the qualifications and published works of each, in general conformance with
				CPLR 3101(d)(1), except that disclosure of fact witnesses as well as expert
				witnesses may be demanded;
(3) an
				inspection of property, in general conformance with CPLR 3120(a)(1)(ii), except
				that drilling and other intrusive sampling and testing is not provided as of
				right;
(4) a request for admission,
				in general conformance with CPLR 3123; or
(5) lists of documentary or physical evidence
				to be offered at the hearing.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 624 - Permit Hearing Procedures › Section 624.8 - Conduct of the adjudicatory hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Order of events. The ALJ has discretion
				to determine and adjust the order of events and presentation of evidence, and
				to establish procedures to promote the conduct of a fair and efficient hearing.
				In general, the order of events at a hearing will be as follows:
(1) Formal opening. The ALJ will convene the
				hearing by opening the record, identifying the applications involved, and
				making appropriate procedural announcements.
(2) Noting appearances. The ALJ will call the
				name of each person who has been granted status as a party.
(3) Opening statements. Prior to the
				commencement of the adjudicatory sessions each party will be called upon to
				offer a brief opening statement of position on the application.
(4) Admission of evidence. The applicant will
				present its direct case first and will start by identifying all documents which
				constitute the application and the DEIS (where applicable) and all supporting
				documents which are relevant to the issues to be adjudicated. A panel of
				witnesses may be used for presenting testimony or for cross-examination at the
				ALJ's discretion. Cross-examination will be conducted by parties in a sequence
				to be established by the ALJ, which normally will be the sequence in which the
				parties will present their direct cases. The evidence will be confined to that
				which is relevant to issues identified in the ALJ's determination following the
				issues conference.
(5) Close of
				record. Closing statements of position will be dealt with in the same manner as
				opening statements. At the concluding session of the hearing, the ALJ will
				determine whether to allow the submission of written post-hearing briefs. The
				hearing record will be officially closed upon the receipt of the stenographic
				record by the ALJ, the receipt of additional technical data or other material
				agreed at the hearing to be made available after the hearing, or the submission
				of briefs and reply briefs, conclusions of law, memoranda, and exceptions, if
				any, by the various parties, whichever occurs last. The ALJ must notify the
				applicant by certified mail, and all other parties by regular mail, immediately
				upon official closing of the hearing record.
(6) Where the ALJ permits the filing of
				briefs, the ALJ will also determine whether replies will be permitted and the
				schedule for filing. Simultaneous filing will normally be required. A party
				must give specific reference to the portions of the record, whether transcript
				or otherwise, relied upon in support of the respective statements of fact made
				throughout the brief. Briefs will be considered only as argument and must not
				refer to or contain any evidentiary material outside of the record.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 624 - Permit Hearing Procedures › Section 624.9 - Evidence, burden of proof and standard of proof

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Evidence.
(1) All evidence submitted must be relevant
				and all rules of privilege will be observed. However, other rules of evidence
				need not be strictly applied. Hearsay evidence may be admitted if a reasonable
				degree of reliability is shown.
(2)
				Although relevant, evidence may be excluded if its value as proof is
				substantially outweighed by a potential for unfair prejudice, confusion of the
				issues, undue delay, waste of time or needless presentation of repetitious or
				duplicative evidence.
(3) Where a
				part of a document is offered as evidence by one party, any party may offer the
				entire document as evidence.
(4)
				Whenever possible, an object that is the subject of testimony will be exhibited
				at the hearing. It must be properly identified as relevant, and it must be
				shown that it has not changed substantially due to the passage of time or any
				other reason.
(5) Each witness must
				be sworn or make an affirmation before testifying. Opening, closing and other
				unsworn statements are not evidence but will be considered as arguments bearing
				on evidence.
(6) The ALJ or the
				commissioner may take official notice of all facts of which judicial notice
				could be taken and of other facts within the specialized knowledge of the
				department. When official notice is taken of a material fact not appearing in
				the evidence in the record and of which judicial notice could not be taken,
				every party must be given notice thereof and, on timely request, be afforded an
				opportunity, prior to decision, to dispute the fact or its
				materiality.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 624 - Permit Hearing Procedures › Section 624.10 - Ex parte rule

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Except as provided below an ALJ must not directly or through a representative,
				communicate with any person in connection with any issue that relates in any
				way to the merits of the proceeding without providing notice and an opportunity
				for all parties to participate.
(b)
				An ALJ may consult on questions of law or procedures with supervisors or other
				staff of the Office of Hearings and Mediation Services, provided that such
				supervisors or staff have not been engaged in investigative or prosecutorial
				functions in connection with the adjudicatory proceeding under consideration or
				a factually related adjudicatory proceeding.
(c) ALJs may communicate with any person on
				ministerial matters, such as scheduling or the location of a hearing.
(d) Parties or their representatives must not
				communicate with the ALJ or the commissioner in connection with any issue
				without providing proper notice to all the other parties.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 624 - Permit Hearing Procedures › Section 624.11 - Payment of hearing costs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within 30 days of the last day at which
				testimony is taken, the applicant must pay for the cost of: physical
				accommodations, if not held in department facilities; publishing any required
				notices; and any necessary stenographic transcriptions. Except that, when a
				hearing is held pursuant to a department initiated modification, suspension or
				revocation, the department will be responsible for the costs listed
				above.
(b) The ALJ may require that
				the applicant post a bond or other acceptable financial guarantee for the costs
				of the hearing. Such guarantee must be provided to the department prior to
				commencing the hearing or the hearing will be adjourned until the guarantee is
				made available.
(c) A final
				decision will not be issued until the applicant has paid the costs of the
				hearing referred to in subdivision (a) of this section.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 624 - Permit Hearing Procedures › Section 624.12 - Record of the hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				All proceedings at a hearing must be stenographically reported. The ALJ may
				arrange for a certified reporter to produce a stenographic transcript of the
				hearing, or may permit the applicant to make such arrangements. When a
				stenographic transcript is made, an original and two copies of the transcript
				must be delivered to the ALJ at the expense of the applicant. At the ALJ's
				discretion, part or all of the transcripts may also be required in electronic
				or other form.
(b) The record of
				the hearing must include the application (including the DEIS where applicable)
				and all notices (including the notice of hearing) and motions; any affidavit of
				publication of the notice of hearing; the transcript of the testimony taken at
				the hearing, the exhibits entered into evidence; any motions, appeals or
				petitions; where applicable, comments on the DEIS and responses thereto; any
				admissions, agreements or stipulations; a statement of matters officially
				noticed; offers of proof, objections thereto and rulings thereon; proposed
				findings; and the hearing report; and briefs as may have been filed including
				any comments on the hearing report filed pursuant to section
				624.13(a)(3) 
				of this Part.
(c) As soon as the
				record becomes available the ALJ shall assure that a complete and current copy
				of the record is placed in an accessible location for the parties' reference
				and/or copying.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VI - General Regulations › Part 624 - Permit Hearing Procedures › Section 624.13 - Final decision

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Hearing report.
(1) The ALJ will submit a
				hearing report to the commissioner within 45 days after the close of the
				record. The report must include findings of fact, conclusions of law and
				recommendations on all issues before the ALJ.
(2) The hearing report may be circulated to
				the parties as a recommended decision when:
(i) required by law; or
(ii) directed by the commissioner.
(3) All parties to the hearing
				have fourteen days after receipt of the recommended decision to submit comments
				to the commissioner.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter A - Implementation Of The Environmental Quality Bond Act Of 1972 › Part 625 - Water Quality Improvement Projects › Section 625.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Commissioner
				  shall mean the Commissioner of Environmental Conservation.
(b) Department shall mean the Department of
				  Environmental Conservation.
(c)
				  Municipality shall mean a city, county, town, village, the New York State
				  Environmental Facilities Corporation, a sewer authority within a city, or an
				  improvement district or district corporation within a city, county, town or
				  village, or indian tribes residing within New York State, or any combination
				  thereof.
(d) Governing body shall
				  mean
(1) in the case of a town, a town
				  board;
(2) in the case of a county
				  outside the City of New York, the county board of supervisors or other elective
				  governing body;
(3) in the case of
				  a city or village, the local legislative body thereof, as the term is defined
				  in the Municipal Home Rule Law;
(4)
				  in the case of a public benefit corporation, the board of directors, members or
				  trustees thereof;
(5) in the case
				  of an improvement district or a district corporation, the governing board;
				  and
(6) in the case of an indian
				  tribe, the proper tribal officials.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter A - Implementation Of The Environmental Quality Bond Act Of 1972 › Part 625 - Water Quality Improvement Projects › Section 625.2 - Application procedure for state assistance

Current through Register Vol. 46, No. 28, July 10, 2024
Application procedures will be in accordance with section
					 203 of the Environmental Quality Bond Act of
					 1972--implementation.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter A - Implementation Of The Environmental Quality Bond Act Of 1972 › Part 625 - Water Quality Improvement Projects › Section 625.3 - State requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
				  project for which application is submitted for State assistance shall comply in
				  all respects with such Federal regulations, guidelines, instructions, criteria,
				  standards or other documents issued by the Federal government pursuant to the
				  Federal Water Pollution Control Act and amendments thereto, except as modified
				  hereinafter, and the National Environmental Policy Act.
(b) All contract documents prepared by the
				  municipality for the construction of water quality improvement projects
				  pursuant to this Part shall conform to all Federal, State and local laws,
				  ordinances, rules and regulations.
(c) Notwithstanding the provisions of the
				  Federal Uniform Relocation Assistance and Real Property Acquisition Policies
				  Act of 1970, and provisions of other laws on the subject, the State will not
				  participate in the acquisition of lands, nor any costs involved in the
				  relocation of individuals and businesses occasioned by the procurement of a
				  site for the location of a sewage treatment works or lands for disposal of the
				  treated wastes therefrom. Where cost-sharing is required under Federal
				  regulations, such cost-sharing shall be between the Federal government and the
				  municipality, the latter acting as an agency of the State.
(d) Wherever possible, specifications
				  prepared for construction of sewage treatment works pursuant to this Part,
				  shall follow the construction specifications institute format.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter A - Implementation Of The Environmental Quality Bond Act Of 1972 › Part 625 - Water Quality Improvement Projects › Section 625.4 - Approval of projects

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
				  the event that the amount of Federal pollution abatement assistance allotted to
				  the State is insufficient to provide funding for all State projects for which
				  applications are expected to be approved in any year or other period as the
				  applicable Federal law allows, a State priority system meeting the requirements
				  of Federal law and regulation will be applied.
(b) Projects are approved by the State prior
				  to submission to the United States Environmental Protection Agency of the
				  application for Federal pollution abatement assistance for the project. After
				  approval of the application by the Environmental Protection Agency, the project
				  will be eligible for State assistance in accordance with this Part.