New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 658 - Hearing Procedures-water Pollution Control › Section 658.4 - Pleadings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A complaint may
					 be served with the notice of hearing. Any allegation thereof not denied in a
					 verified answer or stricken out or precluded on motion or negated by an
					 inconsistent allegation in a reply or bill of particulars may be found as fact
					 or provide the basis for a finding of fact.
(b) Prior to or on the return day of the
					 notice of hearing, the respondent shall file, in triplicate, with the
					 commissioner an answer signed by the respondent or his attorney; provided,
					 however, that the commissioner or the hearing officer may order that the
					 hearing be held without requiring an answer or other response.
(c) Such answer may contain a statement of
					 the facts which constitute the grounds of defense, and may admit, deny or
					 explain each of the allegations of the charges as set forth and refer to the
					 same by paragraph number, unless the respondent is without knowledge, in which
					 case the answer may so state.
(d)
					 The answer may incorporate therein a statement setting forth the methods,
					 practices and procedures, if any, which are being taken to prevent discharges
					 of pollutants into the waters of the State or the sewer or sewage disposal
					 system which ultimately empties into said waters, provided such statement
					 consists only of allegations of fact. A separate statement insofar as it may be
					 factual shall be deemed a pleading concurrent in time with the
					 answer.
(e) Allegations of new
					 matter in a verified pleading subsequent to the complaint will be deemed
					 admitted unless denied in a subsequent pleading. Allegations of new matter in
					 an unverified pleading subsequent to the complaint will be deemed
					 traversed.
(f) The hearing officer
					 in his discretion may order service of any additional pleading or pleadings
					 upon his own initiative or upon the application of any party. All pleadings so
					 ordered shall be verified.
(g) All
					 pleadings shall conform as nearly as practicable with the Civil Practice Law
					 and Rules.
(h) Unless otherwise
					 ordered, any pleading subsequent to the answer shall be served within 10 days
					 after service of the pleading to which it is responsive.
(i) A party may serve upon any other party an
					 itemized written demand for a verified bill of any particulars of a pleading,
					 such bill to be furnishd within 10 days.
(j) The answer may contain a waiver of
					 hearing, in which case there shall be attached to the answer (1) an offer to
					 enter into a stipulation or consent order, and (2) a proposed stipulation of
					 facts which if agreed to by all the parties with the approval of the hearing
					 officer shall become part of the record of the hearing.
(k) The admission, in the answer or by
					 failure to file an answer, of all the material allegations of fact contained in
					 the charges shall constitute a waiver of hearing. Upon such admission of facts,
					 the hearing officer, without further investigation or hearing, shall prepare
					 his report, findings of fact, conclusions and recommendations.