New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XVIII - Office of Renewable Energy Siting › Part 900 - Office of Renewable Energy Siting › Subpart 900-8 - Hearing process › Section 900-8.7 - 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 shall be as
				  follows:
(1) Formal opening. The ALJ shall
				  convene the hearing by opening the record, identifying the applications
				  involved, and making appropriate procedural announcements.
(2) Noting appearances. The ALJ shall 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 may, at its option, offer
				  a brief opening statement of position on the application.
(4) Admission of evidence. The applicant
				  shall present its direct case first and shall start by identifying all
				  documents which constitute the application, any supplements to the application,
				  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 shall 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
				  shall be confined to that which is relevant to issues identified in the ALJ's
				  written issues determination.
(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
				  shall determine whether to allow the submission of written post-hearing briefs.
				  The hearing record shall 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
				  shall 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 shall also determine page limits for said briefs and whether
				  replies will be permitted and the schedule for filing. Simultaneous filing
				  shall normally be required. A party shall 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 shall be
				  considered only as argument and shall not refer to or contain any evidentiary
				  material outside of the administrative record.