New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXIX - Susquehanna River Basin Commission › Part 1808 - Hearings And Enforcement Actions › Conduct of Hearings › Section 1808.3 - Hearings on administrative appeal

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless otherwise agreed to by the
				  commission and the party requesting an administrative appeal under section
				  1808.2 of this Part, the following
				  procedures shall govern the conduct of hearing on an administrative
				  appeal.
(b) Hearing procedure.
(1) The hearing officer shall have the power
				  to rule upon offers of proof and the admissibility of evidence, to regulate the
				  course of the hearing, to set the location or venue of the hearing, to hold
				  conferences for the settlement or simplification of issues and the stipulation
				  of facts, to determine the proper parties to the hearing, to determine the
				  scope of any discovery procedures, to delineate the hearing issues to be
				  adjudicated, and to take notice of judicially cognizable facts and general,
				  technical, or scientific facts. The hearing officer may, with the consent of
				  the parties, conduct all or part of the hearing or related proceedings by
				  telephone conference call or other electronic means.
(2) The hearing officer shall cause each
				  witness to be sworn or to make affirmation.
(3) Any party to a hearing shall have the
				  right to present evidence, to examine and cross-examine witnesses, submit
				  rebuttal evidence, and to present summation and argument.
(4) When necessary, in order to prevent undue
				  prolongation of the hearing, the hearing officer may limit the number of times
				  any witness may testify, the repetitious examination or cross-examination of
				  witnesses, or the extent of corroborative or cumulative testimony.
(5) The hearing officer shall exclude
				  irrelevant, immaterial or unduly repetitious evidence, but the parties shall
				  not be bound by technical rules of evidence, and all relevant evidence of
				  reasonably probative value may be received provided it shall be founded upon
				  competent, material evidence which is substantial in view of the entire
				  record.
(6) Any party may appear
				  and be heard in person or be represented by an attorney at law who shall file
				  an appearance with the commission.
(7) Briefs and oral argument may be required
				  by the hearing officer and may be permitted upon request made prior to the
				  close of the hearing by any party. They shall be part of the record unless
				  otherwise ordered by the presiding officer.
(8) The hearing officer may, as he/she deems
				  appropriate, issue subpoenas in the name of the commission requiring the
				  appearance of witnesses or the production of books, papers, and other
				  documentary evidence for such hearings.
(9) A record of the proceedings and evidence
				  at each hearing shall be made by a qualified stenographer designated by the
				  executive director. Where demanded by the petitioner, or any other person who
				  is a party to the appeal proceedings, or where deemed necessary by the hearing
				  officer, the testimony shall be transcribed. In those instances where a
				  transcript of proceedings is made, two copies shall be delivered to the
				  commission. The petitioner or other persons who desire copies shall obtain them
				  from the stenographer at such price as may be agreed upon by the stenographer
				  and the person desiring the transcript.