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 645-6.7 - Conduct of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Order of events. The hearing officer shall have discretion to adjust the order
					 of events and 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 hearing
					 officer shall convene the hearing by opening the record, identifying the
					 applications involved, and making appropriate procedural announcements as
					 necessary.
(2) Noting appearances.
					 The hearing officer shall call the name of each person who has properly filed
					 for status as a party and announce the rulings on the extent of each party's
					 participation. The hearing officer shall establish procedures for receiving the
					 statements of others making a limited appearance.
(3) Legislative hearing sessions and comments
					 on the DEIS (where applicable). The hearing officer shall hear and receive the
					 unsworn statements of persons other than parties as they relate to the permit
					 application(s), and to the DEIS where it is among the subjects of the hearing.
					 The hearing officer may require that lengthy statements be submitted in writing
					 and summarized for oral presentation. If the applicant has prepared the DEIS,
					 it shall prepare a written response to comments received and shall file it as
					 an exhibit to the hearing record. Other parties shall be afforded opportunity
					 to contest the response to comments prior to the close of the hearing
					 record.
(4) Reconvening the issues
					 conference. At the discretion of the hearing officer, the issues conference may
					 be reconvened to consider additional issues raised during the legislative
					 hearing session, if one has been held (or, if not previously held, initiated)
					 at this time.
(5) Opening
					 statements. Prior to the commencement of the adjudicatory session, each party
					 will be called upon to offer a brief opening statement of position on the
					 application.
(6) Admission of
					 evidence. The applicant will present its direct case first and will start by
					 identifying all documents which constitute and support the applications and the
					 DEIS (where applicable) 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 hearing officer's discretion. Cross-examination will
					 be conducted by parties in a sequence to be established by the hearing officer,
					 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 in the
					 hearing officer's determination to the issues identified following the issues
					 conference.
(7) Closing statements
					 and briefs. Closing statements will be allowed in the same manner as opening
					 statements. At the concluding session of the hearing, the hearing officer will
					 determine whether to allow the submission of written post-hearing briefs and
					 proposed findings of fact. The hearing record will be officially closed upon
					 the receipt of the stenographic record by the hearing officer, the receipt of
					 additional technical data or other material agreed upon at the hearing to be
					 made available after the hearing, or the submission of briefs and reply briefs,
					 proposed findings of fact, conclusions of law, memoranda, and exceptions, if
					 any, by the various parties, whichever occurs later. The hearing officer shall
					 notify the applicant and all other parties by regular mail, immediately upon
					 official closing of the hearing record.