reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-4 - Uniform Enforcement Procedures › Section 645-4.2 - Notice and complaint

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
					 civil enforcement proceedings shall be initiated by service upon the respondent
					 of a notice of hearing and a complaint or a uniform administrative complaint
					 (UAC). The complaint or UAC shall contain a statement of the legal authority
					 and jurisdiction under which the proceeding is to be held, a reference to the
					 particular sections of the statutes and rules involved, and a short and plain
					 statement of the matters asserted.
(b) The notice of hearing shall specify the
					 time and place of the hearing, and shall set a date for a hearing not earlier
					 than 20 days after service of the notice and complaint. In lieu of a hearing
					 date, a notice of hearing may set a return date not less than seven days after
					 service, at which time a hearing date will be set if the matter is not disposed
					 of at that time.
(c) Service of the
					 notice of hearing and a complaint or a UAC shall be by any method authorized by
					 the CPLR, or by certified mail. Where service is by certified mail, service
					 shall be complete when the notice of hearing and complaint or UAC is received
					 by the respondent.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-4 - Uniform Enforcement Procedures › Section 645-4.3 - Answer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within 20 days
					 of receipt of the complaint or UAC, but no later than 5 days before the date of
					 the hearing, whichever is shorter, the respondent shall serve upon the
					 commission an answer, signed by the respondent or the respondent's
					 attorney.
(b) The respondent shall
					 specify in the answer which allegations are admitted, which allegations are
					 denied and which allegations the respondent lacks sufficient information upon
					 which to form an opinion as to the allegation.
(c) The respondent's answer may contain
					 affirmative defenses; in which event the answer shall contain a statement of
					 any facts which constitute the grounds of the affirmative defense.
(d) If the complaint or UAC is so vague or
					 ambiguous that respondent cannot reasonably be required to frame an answer, the
					 respondent may move for a more definite statement within 10 days of receipt of
					 service. If the motion is denied, the respondent shall answer within 10 days of
					 receipt of notice that the motion is denied. If the motion is granted, the
					 commission shall serve an amended complaint or UAC within 10 days of receipt of
					 notice that the motion is granted, and the respondent shall answer pursuant to
					 subdivisions (a) through (c) of this section.
(e) The failure to file an answer or the
					 failure by the respondent to appear on the return date or at the hearing shall
					 constitute a default and a waiver of hearing upon proof of service of a notice
					 of hearing and a complaint or a UAC.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-4 - Uniform Enforcement Procedures › Section 645-4.4 - Amendment of pleadings

Current through Register Vol. 46, No. 28, July 10, 2024
Any party may amend a pleading at any time prior to the
						submission of the hearing officer's report to the commission, by leave of the
						hearing officer or the commission on good cause shown.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-4 - Uniform Enforcement Procedures › Section 645-4.5 - Service of papers

Current through Register Vol. 46, No. 28, July 10, 2024
All notices, papers and intermediate process connected
						with a hearing, other than the notice of hearing and complaint or UAC,
						subpoenas served upon persons who are not a party to the proceeding, and the
						order containing the final determination of the commission, may be served by
						ordinary mail. Except where otherwise specifically provided, service by
						ordinary mail shall be complete when mailed.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-4 - Uniform Enforcement Procedures › Section 645-4.6 - Discovery

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Scope. The
					 scope of discovery shall be governed by the CPLR.
(b) Notice to produce. A party to a hearing
					 under this Part, upon receipt of notice to produce documents and things from
					 any other party, shall furnish all such requested items relevant to the
					 proceeding within 10 days of receipt of such notice.
(c) Protective order. A party who is served
					 with a notice to produce documents and things may move for a protective order
					 within 10 days of receipt of such notice and shall specify his objections
					 thereto. Such order may also be made by the hearing officer on his own
					 initiative. A protective order shall be designed to avoid unnecessary delay of
					 the hearing or to prevent unreasonable annoyance, expense, embarrassment, or
					 prejudice to any party.
(d)
					 Subpoenas. Consistent with the CPLR, any attorney of record in a proceeding
					 under this Part, the commission, or any person designated by the commission for
					 this purpose shall have the power to issue subpoenas. A party who is not
					 represented by an attorney may request the hearing officer to issue a subpoena
					 by submitting a petition stating the items or witnesses needed by the party to
					 present its case.
(e) Limits on
					 discovery. Bills of particulars shall be allowed. Depositions and written
					 interrogatories shall only be allowed with leave of the hearing officer where
					 the hearing officer finds their use to be in the interest of justice and where
					 such process is likely to expedite the proceeding.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-4 - Uniform Enforcement Procedures › Section 645-4.7 - Motions and requests

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
					 motions and requests prior to the hearing shall be submitted in writing to the
					 hearing officer or, where no hearing officer has been designated, to the
					 commission. Copies of motion papers shall be served upon all parties. Motions
					 made during the course of a hearing may be stated orally and shall be made a
					 part of the record.
(b) The hearing
					 officer shall rule upon all motions and requests prior to the submission of his
					 report to the commission. The commission shall rule upon all motions and
					 requests submitted prior to designation of a hearing officer or after receipt
					 of the hearing officer's report.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-4 - Uniform Enforcement Procedures › Section 645-4.8 - Stipulations and consent orders

Current through Register Vol. 46, No. 28, July 10, 2024
(a) At any time prior to the final
					 determination by the commission, the executive director, with the advice and
					 consent of the counsel to the commission, may enter into a stipulation to
					 resolve an issue of fact or law pending in a proceeding initiated by the
					 commission.
(b) At any time, the
					 commission may enter into a consent order with a respondent, whereby the latter
					 agrees to discontinue the acts or practices which violate ECL, articles 43 and
					 71, title 33, or rules or regulations promulgated thereunder, or any permit,
					 certificate or order issued by the commission, and provide such other and
					 further relief to which the respondent may agree. Such consent order shall be
					 admissible as evidence to provide the basis for a finding of fact in any
					 subsequent proceeding brought by the commission against such respondent
					 involving the same or similar violation(s).
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-4 - Uniform Enforcement Procedures › Section 645-4.9 - The hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Referral to the department. All proceedings where the administrative penalty
					 sought by the commission exceeds $5,000 shall be referred to the department for
					 processing in accordance with the procedure specified in ECL, section 71-1709;
					 provided, however, that following the processing of such proceedings, the
					 commission shall make appropriate determinations and issue an order in lieu of
					 action by the department.
(b)
					 Hearing officer.
(1) All proceedings where
					 the administrative penalties sought are less than or equal to $5,000 may either
					 be referred to the department, as provided above, or the commission may appoint
					 a hearing officer who must be an attorney admitted to practice law in the State
					 of New York, who shall preside over such hearing and report to the commission
					 regarding the hearing.
(2) A person
					 may not serve as a hearing officer if such person:
(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 subject matter of the hearing or in the
					 development of evidence introduced at the hearing; or
(iv) has any personal interest in the matter
					 involved in the proceeding.
(3) The hearing officer shall conduct the
					 hearing in a fair and impartial manner.
(4) Subject to review by the commission upon
					 receipt of the hearing officer's report, the hearing officer shall have power
					 to:
(i) rule upon motions and
					 requests;
(ii) set the time and
					 place of hearing;
(iii) administer
					 oaths and affirmations;
(iv) issue
					 subpoenas requiring the attendance and testimony of witnesses and the
					 production of books, records, contracts, papers and other evidence;
(v) summon and examine witnesses;
(vi) admit or exclude evidence;
(vii) hear argument on facts or law;
					 and
(viii) do all acts and take all
					 measures necessary for the maintenance of order and efficient conduct of the
					 hearing.
(5) Upon being
					 notified that a hearing officer declines or fails to serve, or in the case of
					 death, resignation or removal of the hearing officer, or on its own initiative,
					 the commission may designate a successor hearing officer who may continue with
					 the proceeding. Any party may file with the commission a motion, together with
					 a supporting affidavit, no later than five days prior to the date set for
					 hearing in the notice of hearing, that the hearing officer be removed on the
					 basis of personal bias.
(6) The
					 designation of a hearing officer shall be in writing and filed with the
					 commission.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-4 - Uniform Enforcement Procedures › Section 645-4.10 - Report

Current through Register Vol. 46, No. 28, July 10, 2024
Following the close of the record, including receipt of
						the transcript, if any, the hearing officer shall prepare and submit to the
						commission a hearing report, which shall become part of the
						record.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-4 - Uniform Enforcement Procedures › Section 645-4.11 - Final determination and order

Current through Register Vol. 46, No. 28, July 10, 2024
(a) After receipt of the hearing officer's
					 report, the commission shall make a final determination based upon the
					 record.
(b) The final determination
					 shall be embodied in a final order which shall contain findings of fact and
					 conclusions of law or reasons for the final determination, and which may
					 provide for:
(1) the dismissal of
					 charges;
(2) an assessment of
					 penalties consistent with applicable provisions of the ECL, articles 43 and 71,
					 title 33;
(3) a direction for
					 abatement;
(4) a combination of any
					 or all of the foregoing; or
(5) any
					 determination deemed appropriate under the circumstances, consistent with
					 applicable provisions of the ECL, articles 43 and 71, title 33, or the rules
					 and regulations promulgated thereunder, or any permits, certificates or orders
					 issued by the commission.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-4 - Uniform Enforcement Procedures › Section 645-4.12 - Uniform appearance tickets

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In lieu of proceeding by administrative
					 process, the commission patrolmen or any law enforcement officer may proceed by
					 uniform appearance ticket regarding any violation of ECL, article 43 or 71,
					 title 33, or rules or regulations promulgated thereunder, against any person
					 having the culpable mental states defined in section 15.05  of the Penal
					 Law.
(b) In such case, the
					 procedures and forms specified in Part 640 of this Title shall apply.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-4 - Uniform Enforcement Procedures › Section 645-4.13 - Summary abatement

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Whenever the commission finds, after investigation, that any person is causing,
					 engaging in or maintaining a condition or activity which, in the judgment of
					 the commission:
(1) presents an imminent
					 danger to the health or welfare of the people of the State, or results in or is
					 likely to result in irreversible or irreparable damage to the resources of the
					 park; and
(2) relates to the
					 prevention and abatement powers of the commission in that the condition of
					 activity pertains to or affects any of the objectives or goals of ECL, articles
					 43 and 71, title 33, rules or regulations promulgated thereunder, or any
					 permits, certificates or orders issued by the commission, so that it appears to
					 be prejudicial to the interest of the people of the State to delay action until
					 an opportunity for hearing can be provided, the commission may, without prior
					 hearing or notice, order such person to discontinue, abate or alleviate such
					 condition or activity.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-4 - Uniform Enforcement Procedures › Section 645-4.14 - Penalties and sanctions

Current through Register Vol. 46, No. 28, July 10, 2024
Any final order issued by the commission pursuant to the
						procedures specified in this Subpart may include civil penalties and
						administrative sanctions to the full extent provided by ECL, section
						71-3303.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-4 - Uniform Enforcement Procedures › Section 645-4.15 - Waiver of rules

Current through Register Vol. 46, No. 28, July 10, 2024
Any of the foregoing rules may be waived by stipulation
						of the parties with consent of the commission or, if a hearing officer has been
						appointed, with consent of the hearing officer.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-4 - Uniform Enforcement Procedures › Section 645-4.16 - Consistency with other laws

Current through Register Vol. 46, No. 28, July 10, 2024
Nothing herein is intended to limit the rights of any
						party in an enforcement proceeding pursuant to the ECL. The statutory
						provisions of the ECL and the State Administrative Procedure Act shall control
						over an inconsistent provision in this Subpart.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-5 - Permit Application Requirements › Section 645-5.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Subpart applies to applications for all permits
						which are issued by the commission or its designee. The commission may
						designate the executive director of the commission as its agent to issue
						permits of a ministerial nature.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-5 - Permit Application Requirements › Section 645-5.2 - General requirements for applications

Current through Register Vol. 46, No. 28, July 10, 2024
The following are general requirements for all
						applications for permits subject to this Subpart.
(a) General requirements for a complete
					 application. In order to be determined complete for the purpose of commencing
					 review, the application for a permit must meet the following criteria:
(1) The application must include a complete
					 application on such form as the commission may prescribe, where
					 applicable.
(2) The application
					 must be accompanied by the appropriate fee as specified in paragraph (b) of
					 this section. Subsequent review by the commission may require the imposition of
					 a special review fee pursuant to paragraph (c) of this section.
(3) If a project requires more than one
					 commission permit, the applicant must simultaneously submit all the necessary
					 applications, or demonstrate to the commission's satisfaction that such is not
					 necessary.
(4) When a project also
					 requires related permits from any other agency or government, the application
					 must include a list of such permits which the applicant knows to be required,
					 and a statement of the status of approval and SEQR review of each at the time
					 of filing the application with the commission.
(5) The application for a project subject to
					 the provisions of SEQR shall not be complete until:
(i) a short or long EAF is filed with the
					 commission, as required by SEQR;
(ii) a lead agency has been designated
					 pursuant to SEQR;
(iii) it has been
					 determined whether the action may or will not have a significant effect on the
					 environment, pursuant to SEQR; and
(iv) if it has been determined that the
					 project may have a significant effect on the environment, a DEIS has been
					 accepted by the lead agency which meets the requirements of SEQR.
(6) If a project is subject to the
					 provisions of the New York State Historic Preservation Act of 1980 (article 14
					 of the Parks, Recreation and Historic Preservation Law), the application is not
					 complete until the process of consultation with the State Office of Parks and
					 Recreation is complete, if required.
(7) If a project is subject to review by the
					 Adirondack Park Agency, the New York State Department of Health, and/or the
					 department, the application for a commission permit shall not be considered
					 complete until the applicant has submitted to all agencies applications for all
					 required permits or demonstrates good cause to the commission's satisfaction
					 that such is not necessary. The commission may require the applicant to submit
					 copies of such applications to the commission.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-5 - Permit Application Requirements › Section 645-5.3 - Applications for specific permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following permits shall be required
					 from the commission:
(1) permits to construct
					 or operate a Class A marina pursuant to section 646- 1.2 of this
					 Title;
(2) permits to construct a
					 dock, wharf or mooring pursuant to section
					 646-1.1 
					 of this Title;
(3) sign permits
					 issued pursuant to Subpart 646-7 of this Title;
(4) permits for wastewater system inspection
					 compliance pursuant to Subpart 646-3 of this Title;
(5) permits to operate a wastewater system
					 pursuant to Subpart 646-3 of this Title;
(6) permits to construct a wastewater system
					 pursuant to Subpart 646-3 of this Title;
(7) stormwater management permits issued
					 pursuant to Subpart 646-4 of this Title; and
(8) special permits for recreational uses,
					 tour boats, seaplanes and parasailing issued pursuant to Subpart 646-1 of this
					 Title.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-5 - Permit Application Requirements › Section 645-5.4 - Commission action on applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Following its review of an application,
					 the commission shall mail notice of its determination of completeness or
					 incompleteness to the applicant.
(b) If the application is determined to be
					 incomplete, the notice shall include a brief statement indicating all
					 identifiable areas of incompleteness.
(c) If the application is determined to be
					 complete, the notice shall state:
(1) the
					 applicant's name;
(2) a brief
					 description of the proposed project and its location, including the real
					 property map section, block and lot;
(3) whether the project is major or
					 minor;
(4) a list of all commission
					 permits for the project for which application has been made, and identification
					 numbers for those applications;
(5)
					 the name and telephone number of the commission representative and, where
					 applicable, of any lead agency representative to contact for further
					 information;
(6) the status of
					 environmental reviews undertaken under SEQR, including identification of lead
					 agency, a positive or negative determination of significance, and whether the
					 action is Type I, unlisted, Type II, exempt, or excluded, as defined in 6 NYCRR
					 Part 617 or Subpart 645-3 of this Part; and
(7) if public notice is required, the
					 deadline (not less than 15 calendar days after the date of publication) for
					 submission of written comments on the application, and the deadline (not less
					 than 30 calendar days after publication) for submission of comments on the DEIS
					 if one has been prepared.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-5 - Permit Application Requirements › Section 645-5.5 - Public notice and comment

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Where the commission staff determines that it will assist the review of a
					 proposed project or activity, the staff may, prior to determining the
					 completeness of an application, prepare and cause the applicant to publish, in
					 such manner as the staff may reasonably prescribe, a notice of application. The
					 notice of application shall include all of the information required by section
					 645-5.4(c)(1)-(6) 
					 of this Subpart, as is then available to staff.
(b) Immediately upon determining that an
					 application is complete and is for a major project or a minor project where the
					 commission staff determines that public notice is appropriate, the commission
					 shall provide notice to the chief executive officer of the municipality in
					 which the proposed project is to be located, and to any person who has
					 previously expressed in writing interest in receiving such notification. The
					 commission staff shall also publish notice of complete application in the
					 Environmental Notice Bulletin, after providing the notice to the applicant. The
					 notice shall be of the form specified in section
					 645-5.4(c) 
					 of this Subpart.
(c) The commission
					 may require the applicant to provide other reasonable public notice of a
					 complete application and opportunity for public comment. Such notice may
					 include, but is not limited to, the notification of neighboring property owners
					 and/or publication in a newspaper of general circulation in the areas in which
					 the proposed project is to be located.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-5 - Permit Application Requirements › Section 645-5.6 - Determination to conduct a public hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) After the permit application for a
					 project is complete and following the close of the public comment period, if
					 required, the commission shall evaluate the application and any comments
					 received on it to determine whether a public hearing should be held. If a
					 hearing should be held, the applicant and all persons who have filed comments
					 shall be notified by mail. The determination to hold a hearing shall be based
					 upon: whether, in the commission's judgment, the application or public comments
					 raise substantive and significant issues relating to any findings or
					 determinations the commission is required to make pursuant to the ECL, article
					 43 or 71, title 33, or rules or regulations promulgated thereunder, including
					 the reasonable likelihood that a permit applied for will be denied or can be
					 granted only with major modifications to the project because the project, as
					 proposed, may not meet statutory or regulatory criteria or standards. Where any
					 comments received from members of the public or otherwise raise substantive and
					 significant issues relating to the application, and the resolution of any such
					 issue may result in denial of the permit application, or the imposition of
					 significant conditions thereon, the commission shall hold a public hearing on
					 the application.
(b) Mere
					 expressions of general opposition to a project are insufficient grounds for
					 holding a public hearing on a permit application. In order to raise substantive
					 and significant issues, written comments expressing objection or opposition to
					 an application must explain the basis of that opposition and identify the
					 specific grounds which could lead the commission to deny or impose significant
					 conditions on the permit.
(c) The
					 commission will not usually require public hearings in connection with
					 applications for minor projects, as defined in section
					 645-5.3 
					 of this Subpart. If a permit for a minor project or any project that was not
					 subject to a public hearing is denied, or is issued with significant conditions
					 attached, the applicant may request that a public hearing be held. Such a
					 request must be made within 15 calendar days of the date of denial or issuance
					 of the permit with conditions.
(d)
					 The hearing shall be held in accordance with the provisions of Subpart 645- 6
					 of this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-5 - Permit Application Requirements › Section 645-5.7 - Final decisions on applications

Current through Register Vol. 46, No. 28, July 10, 2024
The commission shall mail to the applicant, and to the
						applicant's attorney, if known, a decision in the form of a permit, a permit
						with conditions or, if applicable, a statement that the permit applied for has
						been denied, with an explanation for the denial.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-5 - Permit Application Requirements › Section 645-5.8 - Optional preapplication conferences

Current through Register Vol. 46, No. 28, July 10, 2024
Any applicant may request a preapplication conference
						with appropriate commission staff as a means of clarifying application
						procedures. Such a request should be made at the earliest possible stage of the
						applicant's project planning. At the conference, the proposed project will be
						informally discussed, permits required will be identified, and the applicant
						will be provided with guidance in the mechanics of the application and review
						process based on information provided by the applicant.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-5 - Permit Application Requirements › Section 645-5.9 - Applications for permit renewals or modifications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A permittee may apply to the commission
					 for renewal or modification of a permit. Such application shall:
(1) provide information supporting the action
					 sought;
(2) shall include the
					 payment of any fees required; and
(3) if for a modification, shall include a
					 statement of necessity or reasons for the modification.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-5 - Permit Application Requirements › Section 645-5.10 - Permit modifications, suspensions or revocations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Permits may be modified, suspended or
					 revoked at any time by the commission, either at the request of any interested
					 party or upon the commission's initiative, for any of the grounds set forth in
					 paragraphs (1)-(5) of this subdivision. All such requests must be in writing
					 and must contain facts or reasons supporting the request. If the commission
					 decides the request is not justified, it will send the person initiating the
					 request a brief written response giving the reason(s) for the decision. Denials
					 of requests for modification suspension or revocation are not subject to public
					 notice, comment or hearings. The grounds for modification, suspension or
					 revocation are:
(1) materially false or
					 inaccurate statements in the application or supporting papers;
(2) failure by the permittee to comply with
					 any terms or conditions of the permit;
(3) exceeding the scope of the project as
					 described in the application;
(4)
					 newly discovered information or significant physical changes since the permit
					 was issued; or
(5) noncompliance
					 with any provisions of ECL, articles 43 and 71, title 33, or rules or
					 regulations promulgated thereunder, or any permits, certificates or orders
					 issued by the commission directly related to the permitted activity.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-5 - Permit Application Requirements › Section 645-5.11 - Special provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
					 time period specified in this Subpart may be extended for good cause, by mutual
					 written consent of the applicant and the commission or the executive director
					 acting with the advice and consent of counsel.
(b) At any time during the review of an
					 application for a permit or renewal, the commission may request in writing any
					 additional information which is reasonably necessary to make any findings or
					 determinations required by law. Such a request shall be explicit, and shall
					 indicate the reasonable date by which the commission is to receive the
					 information. Failure to provide such information by the date specified in the
					 request may be grounds for denial of the application.
(c) The commission may issue general permits
					 to allow work to eliminate damage caused by natural disasters or extraordinary
					 weather, including the repair or replacement in site and in kind of facilities
					 which existed prior to the damage. Processing of such permits need not follow
					 the full procedural requirements of this Subpart.
(d) The commission may require, as a
					 condition to a permit and prior to commencement of work, that the permittee
					 post a bond of specified amount with the commission. The bonds shall be
					 required in an amount to ensure faithful compliance with the terms and
					 conditions of the permit, and is used for the indemnification of the State for
					 any costs which might result from failure to so comply. Such bond may also be
					 utilized by the commission to implement performance of conditions upon the
					 failure of a permittee to properly implement any such conditions. The bond
					 shall remain in effect until the work is completed to the satisfaction of the
					 commission.
(e) Where this
					 regulation requires exchange of written materials within specified time
					 periods, postmark dates shall satisfy the requirements, when not otherwise
					 specifically provided.
(f) In
					 rendering a decision on an application for a permit, the commission may assess
					 the cumulative impact of the project or activity upon the resources of the
					 park.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-6 - Permit Hearing Procedures › Section 645-6.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Subpart applies to hearings conducted by the
						commission on applications for any permits required pursuant to Subpart 645-5
						of this Part, or other proceedings processed as a permit
						application.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-6 - Permit Hearing Procedures › Section 645-6.2 - Hearing officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Upon a determination by the commission to conduct a public hearing on a permit
					 application, or if a public hearing is requested or required, the commission
					 shall appoint a hearing officer who shall supervise all aspects of the hearing
					 process.
(b) A hearing officer
					 shall be appointed in accordance with the procedures specified in section
					 645-4.9(b) 
					 of this Part.
(c) The hearing
					 officer shall have power to:
(1) rule upon
					 all motions and requests;
(2) set
					 the time and place of the hearing and recesses and adjournments;
(3) administer oaths and
					 affirmations;
(4) issue
					 subpoenas;
(5) summon and examine
					 witnesses;
(6) establish rules for
					 and direct disclosure at the request of any party or upon the hearing officer's
					 own motion consistent with the general principles of article 31 of the CPLR if,
					 in the discretion of the hearing officer, such disclosure will aid in narrowing
					 the issues and not unduly delay the proceedings. However, in view of the
					 fact-finding nature of the proceedings, the exemption from disclosure contained
					 in CPLR section 3101(d) (material prepared for litigation) shall not be
					 applicable to the preparation and exchange of the following when ordered by the
					 hearing officer:
(i) witness lists, including
					 the names and address of all witnesses, the scope and content of each witness's
					 proposed testimony and, for expert witnesses, their education and any published
					 works;
(ii) prefiled written
					 testimony, which shall be attested to at the hearing and the witness shall be
					 available to be cross-examined on the testimony unless otherwise stipulated by
					 the parties;
(iii) lists of
					 documentary or physical evidence to be offered at the hearing;
(iv) written interrogatories; or
(v) other disclosure devices contained in
					 article 31 of the CPLR. Failure by a party to adhere to the hearing officer's
					 disclosure order may result in preclusion of evidence, the loss of party
					 status, opportunity to be heard, or denial of the permit;
(7) admit or exclude evidence, including the
					 exclusion of evidence on grounds of privilege or confidentiality;
(8) hear and determine arguments on fact or
					 law and require written briefs on issues which cannot be resolved at the issues
					 conference;
(9) preclude irrelevant
					 or unduly repetitious, tangential or speculative testimony or
					 argument;
(10) take any measures
					 necessary for maintaining order and the efficient conduct of the hearing;
					 and
(11) report to the commission
					 in accordance with the requirements of this Subpart.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-6 - Permit Hearing Procedures › Section 645-6.3 - Notice of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 commission shall publish notice of the hearing in the ENB, and shall provide
					 notice to the applicant not less than 21 calendar days prior to the hearing
					 date. The applicant shall provide for and bear the cost of publication of the
					 notice in a newspaper having general circulation in Warren, Washington and
					 Essex Counties, and such other notice as the commission may reasonably require
					 within the area where the proposed project is located. The newspaper notice
					 shall be published at least once and not less than 21 calendar days prior to
					 the hearing date.
(b) The notice
					 shall be as specified by the commission and shall contain the following
					 information:
(1) the date of issuance of the
					 notice and reference to any prior notice of application;
(2) the date, time, location and purpose of
					 the hearing and any prehearing conference, if scheduled;
(3) the name and address of the
					 applicant;
(4) the permits or
					 approvals sought and citations of applicable statutes and
					 regulations;
(5) a brief
					 description of the proposed project and its location, including the real
					 property map section, block and lot;
(6) where the commission is lead agency
					 pursuant to SEQR and a DEIS is among the subjects of the hearing, an indication
					 that comments on the DEIS may be received at the hearing and information
					 relative to the availability of the DEIS for review by the public;
					 and
(7) instructions for filing for
					 party status.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-6 - Permit Hearing Procedures › Section 645-6.4 - Hearing participation

Current through Register Vol. 46, No. 28, July 10, 2024
Participation in the hearing may be full or limited,
						depending upon the degree of interest and involvement sought in the proceeding.
						Members of the public who do not intend to introduce evidence but who wish to
						have their arguments recorded shall only be permitted to make a limited
						appearance.
(a) The parties to a
					 hearing shall be:
(1) the
					 applicant;
(2) the commission
					 staff; and
(3) other interested
					 persons who meet the requirements in subdivision (b) of this section.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-6 - Permit Hearing Procedures › Section 645-6.5 - Rights of parties

Current through Register Vol. 46, No. 28, July 10, 2024
Consistent with the hearing officer's rulings on the
						extent of participation, the rights of parties are as follows:
(a) A party desiring to participate at the
					 hearing may do so in person, by attorney or by representative presenting
					 written authorization to represent that party.
(b) A party shall have the right to present
					 relevant written and oral argument on issues of law and fact, to present
					 relevant evidence and to cross-examine witnesses of other parties.
(c) Any party initiating motions, requests,
					 briefs or other written material in connection with the hearing shall serve
					 such material on every other party unless otherwise directed by the hearing
					 officer.
(d) A party must be
					 present on a timely basis to present evidence, cross-examine witnesses or
					 receive notice of scheduling of subsequent sessions. Failure to be present at a
					 hearing session shall not be deemed a waiver of the right to receive any
					 written notice of adjournment, decisions on motions and requests, or the final
					 decision.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-6 - Permit Hearing Procedures › Section 645-6.6 - Issues conference

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
					 issues conference will be scheduled when possible in advance of the public
					 hearing. The function of the conference is, as far as possible, to narrow or
					 resolve issues raised by the parties concerning the permit application and to
					 define and limit the scope of issues remaining as subjects for the adjudicatory
					 hearing sessions. At the issues conference, the hearing officer may rule on
					 party status, direct disclosure between the parties, and outline the conduct of
					 the hearing.
(b) Where a DEIS
					 accompanies an application, the conference shall also focus on whether and to
					 what extent significant impact, alternatives, mitigation measure or social and
					 economic considerations identified in the DEIS, or raised in comments on the
					 DEIS, should be addressed in the adjudicatory session of the hearing,
					 particularly where there is a reasonable likelihood that the issues arising
					 from the DEIS might lead to the denial of the permit or the issuance of
					 significant permit conditions.
(c)
					 Following the conference, the hearing officer will determine and advise the
					 parties of the issues to which testimony and other evidence in the adjudicatory
					 session will be limited or will determine that the hearing is to be adjourned
					 or cancelled. The hearing officer's determination shall be based upon whether
					 the issues raised are substantive and significant, and resolution of such
					 issues may result in permit denial, require major modification to the project
					 or the imposition of significant permit conditions. The hearing officer will
					 enter his determination on the record.
(d) The ruling of the hearing officer setting
					 forth the issues for the hearing may, within seven days of the ruling, be
					 appealed in writing to the commission, which shall decide the appeal at its
					 next regular meeting following the receipt of all papers filed in connection
					 with the appeal. Other parties may submit briefs in support of or in opposition
					 to the hearing officer's ruling. Notice of the appeal and a copy of all briefs
					 submitted in support thereof shall be given to the hearing officer and all
					 parties to the hearing. Upon receipt of notice of an appeal, the hearing
					 officer shall decide whether to adjourn or continue the hearing or to make such
					 other order protecting the interests of the parties as justice
					 requires.
(e) The hearing officer
					 shall summarize the record, the action taken at the conference and incorporate
					 into the record any admissions, stipulations or agreements which were made by
					 the parties.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-6 - Permit Hearing Procedures › Section 645-6.8 - Subpoenas

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In the case of
					 parties not represented by an attorney:
(1) a
					 subpoena for a witness during the course of a hearing shall be issued at the
					 discretion of the hearing officer; and
(2) a subpoena involving specified records
					 (subpoena duces tecum) shall be issued by the hearing officer only when the
					 party applying for such subpoena provides a written showing of necessity. Such
					 a subpoena shall designate as specifically as possible the books, papers or
					 other materials to be produced by the party against whom the subpoena is
					 served.