New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XVIII - Delaware River Basin Commission › Subchapter A - Rules Of Practice And Procedure › Part 836 - Administrative And Other Hearings (article 6) › Section 836.1 - Hearings generally

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Scope
				  of Part. This Part shall apply to contested cases required to be held under
				  Parts 833 and 835 of this Title and, to the conduct of other administrative
				  hearings involving contested cases and to proceedings which commission
				  regulation or the commission directs be conducted pursuant to this
				  article.
(b) Definition of
				  contested case. Contested case means a proceeding in which the legal rights,
				  duties, obligations, privileges, benefits or other legal relations of specific
				  parties are involved. Such a proceeding may involve personnel matters, project
				  applications and docket decisions but shall not extend to the review of any
				  proposed or adopted rule or regulation of the commission.
(c) Requests for hearings. Any person seeking
				  a hearing to review the action or decision of the commission or the executive
				  director may request a hearing pursuant to the provisions of this Part provided
				  such a request is received by the commission within 30 days of the action or
				  decision which is the subject of the requested hearing. Requests shall be
				  submitted in writing to the secretary of the commission and shall identify the
				  specific action or decision for which a hearing is requested, the date of the
				  action or decision, the interest of the person requesting the hearing in the
				  subject matter of the proposed hearing and a summary statement setting forth
				  the basis for objecting to or seeking review of the action or decision. Any
				  request filed more than 30 days after an action or decision will be deemed
				  untimely and such request for a hearing shall be considered denied unless the
				  commission by unanimous vote otherwise directs. Receipt of requests for
				  hearings, pursuant to this Part whether timely filed or not, shall be submitted
				  by the secretary to the commissioners for their information.
(d) Optional joint hearings. Whenever
				  designated by a department, agency or instrumentality of a signatory party, and
				  within any limitations prescribed by the designation, a hearing officer
				  designated pursuant to this Part may also serve as a hearing officer, examiner
				  or agent pursuant to such additional designation and may conduct joint hearings
				  for the commission and for such other department, agency or instrumentality.
				  Pursuant to the additional designation, a hearing officer shall cause to be
				  filed with the department, agency or instrumentality making the designation, a
				  certified copy of the transcript of the evidence taken before him and, if
				  requested, of his findings and recommendations. Neither the hearing officer nor
				  the Delaware River Basin Commission shall have or exercise any power or duty as
				  a result of such additional designation to decide the merits of any matter
				  arising under the separate laws of a signatory party (other than the Delaware
				  River Basin Compact).
(e) Schedule.
				  The executive director shall cause the schedule for each hearing to be listed
				  in advance upon a "hearing docket" which shall be posted in public view at the
				  office of the commission.
(f)
				  Notice of hearing. Notice of any hearing to be conducted pursuant to this Part
				  shall comply with the provisions of section 14.4(b) of the Compact relating to
				  public notice unless otherwise directed by the commission.