reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter A - GENERAL › Part 3 - Procedures Applicable To All Proceedings › Section 3.3 - Waivers

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) Any filing deadline, method of filing,
				  number of copies, or page limitation for any document required or authorized to
				  be filed with the commission (other than a document filed in response to a
				  specific commission order) may be modified by the secretary for the purpose of
				  promoting the fair, orderly, and efficient conduct of the case. The secretary's
				  decision with respect to any such deadline or limitation shall be
				  non-reviewable.
(2) The secretary
				  shall follow reasonable procedures in administering this subdivision, including
				  the allowance of oral requests and rulings subject to such notification
				  requirements as the secretary may deem reasonable in the
				  circumstances.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter A - GENERAL › Part 3 - Procedures Applicable To All Proceedings › Section 3.4 - Subpoenas

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon the
				  application of any party to a proceeding, subpoenas and subpoenas duces tecum
				  may be signed and issued by a commissioner, by the presiding officer in the
				  investigation or hearing in which the subpoena or subpoena duces tecum is
				  requested, or by the secretary. Normally, it is expected that requests for
				  subpoenas will be presented to the presiding officer where one has been
				  assigned. A copy of any request for a subpoena duces tecum shall be served on
				  the party alleged to possess the documents requested.
(b) A subpoena duces tecum will be issued
				  only upon written application at least seven days in advance of the hearing,
				  setting forth the documents desired to be produced and the reasons they are
				  reasonably related to the subject of the proceeding.
(c) Whenever a subpoena is issued at the
				  request of any party, the cost of service thereof and the fee of the witness
				  shall be borne by the party at whose request the witness is summoned.
(d) Except as otherwise provided in this
				  Title, matters related to subpoenas and subpoenas duces tecum shall be governed
				  by the provisions of the Civil Practice Law and Rules.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter A - GENERAL › Part 3 - Procedures Applicable To All Proceedings › Section 3.5 - Documents filed with the secretary

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless modified pursuant to section
				  3.3(a)(1) 
				  of this Part, the following requirements apply to all documents filed with the
				  secretary:
(1) Documents shall be filed
				  electronically unless the filing party certifies that it is unable to do so, in
				  which case a paper document may be filed, together with the required
				  certification signed by the filing party or the party's
				  representative.
(2) Any paper
				  versions requested by the secretary must be hand-delivered no later than the
				  day after the electronic filing or, if sent by overnight delivery service or
				  ordinary mail, must be processed by the delivery or postal service by midnight
				  of the same day as the filing.
(3)
				  When a party files only paper documents pursuant to paragraph (1) of this
				  subdivision, the party must provide a clear and permanently legible original to
				  the secretary, unless otherwise directed by the secretary. The paper document
				  must be received on or before the due date for the filing.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter A - GENERAL › Part 3 - Procedures Applicable To All Proceedings › Section 3.6 - Motion practice

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				  written motions shall, pursuant to section
				  3.5 
				  of this Part, be filed with the secretary and at the same time be served on
				  each party to the proceeding. Oral motions may be made at hearings or in
				  extraordinary circumstances where required by the public interest. Any oral
				  motion not made at a hearing shall be on oral notice to all parties to the
				  proceeding.
(b) In cases in which a
				  presiding officer has been assigned and a recommended decision not yet been
				  issued, motions shall be addressed to the presiding officer. In all other
				  instances, motions shall be addressed to the secretary.
(c) Motions shall clearly set forth the
				  nature of the relief requested and the alleged basis for it.
(d)
(1)
				  Parties wishing to respond to motions shall do so within eight days after
				  service unless a different time period is permitted by section
				  3.5(f) 
				  of this Part or is otherwise established by the presiding officer or the
				  secretary.
(2) The response shall
				  be addressed to the official to whom the motion was addressed and, pursuant to
				  section
				  3.5 
				  of this Part, be filed with the secretary and at the same time be served on
				  each party to the proceeding.
(3)
				  Replies to responses will not be entertained except in extraordinary
				  circumstances or if the response itself seeks relief and effectively
				  constitutes a countermotion.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter A - GENERAL › Part 3 - Procedures Applicable To All Proceedings › Section 3.7 - Rehearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person
				  interested in an order of the commission may request rehearing within 30 days
				  of service of the order. The petition for rehearing shall, pursuant to section
				  3.5 
				  of this Part, be filed with the secretary and at the same time be served on
				  each party to the proceeding.
(b)
				  Rehearing may be sought only on the grounds that the commission committed an
				  error of law or fact or that new circumstances warrant a different
				  determination. A petition for rehearing shall separately identify and
				  specifically explain and support each alleged error or new circumstance said to
				  warrant rehearing.
(c) Any party
				  may respond to a petition for rehearing within 15 days of the date the petition
				  was served on the responding party, but the commission may deny a petition
				  before that time has elapsed. Pursuant to section
				  3.5 
				  of this Part, a response shall be filed with the secretary, and at the same
				  time be served on each party to the proceeding. Replies to responses will not
				  be entertained except in extraordinary circumstances.
(d) The filing of a petition for rehearing
				  does not in itself stay or excuse compliance with an order.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter A - GENERAL › Part 3 - Procedures Applicable To All Proceedings › Section 3.8 - Oral argument before the commission

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commission may authorize oral
				  argument before it in any proceeding on its own motion or at the request of a
				  party. In general, oral argument before the commission will be allowed only in
				  unusual cases, where the issues are not adequately developed in testimony and
				  written pleadings.
(b) A party
				  requesting oral argument before the commission may do so in any brief to the
				  commission or in a separate motion filed no later than the deadline for the
				  final authorized round of briefs. Any such request shall include an explanation
				  of why the party believes oral argument is warranted.
(c) The issues that may be raised on oral
				  argument, and the parties authorized to argue, shall be determined by the
				  commission. The time allowed each party shall be determined by the
				  secretary.
(d) This section does
				  not apply to oral argument before a presiding officer, which shall be allowed
				  to the extent and in the manner permitted by the presiding officer in any
				  proceeding.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter A - GENERAL › Part 3 - Procedures Applicable To All Proceedings › Section 3.9 - Settlement procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Notification required for settlement discussions in pending proceedings
				  involving large utilities.[FN1]
(1) As soon as
				  it appears, based upon exploratory discussion with another party or potential
				  party, that settlement of an issue or issues in a pending proceeding is
				  possible, the utility shall file, with the secretary, a notice of impending
				  negotiation. The notice shall contain the following:
(i) a general description of the issues that
				  may be settled;
(ii) a list of the
				  persons or parties to the negotiations; and
(iii) a certification by a duly authorized
				  representative of the utility that all appropriate persons and parties have
				  been or will be notified of the pendency of negotiations in a manner so as to
				  permit a reasonable time for preparation.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter A - GENERAL › Part 4 - Hearings › Section 4.1 - In general

Current through Register Vol. 46, No. 28, July 10, 2024
Hearings will be held in cases where required by law and in
					 such other cases as the commission may direct. Evidentiary hearings shall be
					 governed by the provisions of this Part, except as otherwise specifically
					 provided in this Title. Legislative-type hearings shall be conducted in
					 accordance with such procedures as the commission may direct.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter A - GENERAL › Part 4 - Hearings › Section 4.2 - Notice

Current through Register Vol. 46, No. 28, July 10, 2024
The time and place of each hearing may be determined by the
					 commission, the secretary, or the presiding officer. Notice of hearings,
					 specifying time, place, and purpose, will be given in accordance with statutory
					 requirements and such additional requirements as the commission, the secretary,
					 or the presiding officer may direct. Any party required to publish or otherwise
					 issue notice shall file proof of having done so at or before the
					 hearing.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter A - GENERAL › Part 4 - Hearings › Section 4.3 - Parties

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Only the
				  parties to a proceeding may present evidence and examine and cross-examine
				  witnesses.
(b)
(1) Parties to a proceeding shall include the
				  applicant, petitioner, or complainant, if any; the affected utility company or
				  certificate holder (even if not the applicant or petitioner); trial staff;
				  appearing agencies; and other persons permitted by statute or regulation or by
				  the presiding officer to intervene.
(2) In cases having numerous parties, the
				  presiding officer may promulgate a list of active parties and identify types of
				  documents that need not be served on parties omitted from that list. Omission
				  from that list, however, shall not otherwise affect a party's
				  standing.
(3) To avoid unnecessary
				  duplication, the presiding officer may require parties with similar interests
				  to consolidate their presentations.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter A - GENERAL › Part 4 - Hearings › Section 4.4 - Pre-hearing conference

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  presiding officer may convene a pre-hearing conference to formulate or simplify
				  issues; arrange for the exchange of testimony and exhibits; limit the number of
				  witnesses; set schedules; or otherwise expedite the orderly conduct of the
				  proceeding.
(b) Facts disclosed in
				  pre-hearing conferences shall be privileged. Except by agreement, they may not
				  be used against participating parties unless proven by independent
				  evidence.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter A - GENERAL › Part 4 - Hearings › Section 4.5 - General procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) At
				  hearings, parties to the proceeding will be afforded reasonable opportunity to
				  present evidence and examine and cross-examine witnesses. Examination of all
				  witnesses will be conducted orally and stenographic minutes will be
				  taken.
(b)
(1) Any party or prospective party presenting
				  an initial or rebuttal case in a proceeding shall do so by means of prepared
				  written testimony and exhibits, except that a presiding officer, for good cause
				  in extraordinary circumstances, may allow direct oral testimony to be
				  given.
(2) Prepared written
				  testimony, in question-and-answer form, shall be received in evidence with the
				  same force and effect as though it were stated orally by the witnesses,
				  provided that each of the witnesses is present at the hearing at which his or
				  her prepared written testimony is offered and adopts that testimony under oath.
				  If cross-examination of a witness' prepared written testimony is waived by all
				  other parties, that witness need not be present and his or her testimony may be
				  adopted by affidavit submitted to the presiding officer.
(3) Anyone wishing or required to submit
				  prepared written testimony shall comply with the following requirements:
(i) The testimony shall be prepared in
				  question-and-answer form unless the presiding officer determines that use of
				  some other form would enhance the record.
(ii) The testimony shall be double-spaced and
				  the top, bottom and left-hand margins shall be at least one and one-half
				  inches.
(iii) The name of the
				  witness shall be at the top center of each page one inch from the edge, the
				  case number, if already assigned, shall appear in the upper left corner of each
				  page, and the page number for each page shall be located at the bottom center
				  one inch from the edge. The number of each line of the testimony shall be set
				  out on the left-hand side of each page, to the right of the area constituting
				  the margin.
(iv) A square of
				  approximately one and one-half inches in the upper right-hand corner of each
				  page shall be left clear for Public Service Commission use.
(4) If written testimony is not
				  filed in the proper form, it will be treated as the presiding officer may
				  direct, taking account of such factors as timing, extent of noncompliance, and
				  prejudice to other parties.
(5)
				  Exhibits shall be prepared as a document separate from the testimony and shall
				  be identified by the initials of the sponsoring witness and a number. Pages
				  shall be single-sided and numbered.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter A - GENERAL › Part 4 - Hearings › Section 4.6 - Postponements and adjournments

Current through Register Vol. 46, No. 28, July 10, 2024
All parties should be prepared to proceed at the first
					 hearing called in any proceeding. Any motion to postpone the first hearing
					 shall set forth the reasons why the postponement is needed and be filed in time
					 to permit other parties to be notified. Any hearing may be adjourned from time
					 to time by the presiding officer, and the first hearing may be postponed by the
					 presiding officer even if its date was set by order of the
					 commission.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter A - GENERAL › Part 4 - Hearings › Section 4.7 - Interlocutory review

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Interlocutory review of a ruling by a presiding officer will be available and
				  may be sought only in extraordinary circumstances or in case a request for
				  permission to intervene has been denied. Normally, the prospect of parties
				  incurring additional workload in consequence of a ruling will not in itself
				  constitute extraordinary circumstances.
(b) Any request for interlocutory review must
				  be filed within 15 days of the issuance of the ruling to which it
				  pertains.
(c) In addition to
				  complying with the requirements applicable to motions generally (see section
				  3.6  of
				  this Title), a motion for interlocutory review shall:
(1) identify specifically the ruling to be
				  reviewed, and, if the ruling was issued from the bench, set forth as an
				  appendix the pertinent pages of the transcript; and
(2) identify the extraordinary circumstances
				  alleged to warrant interlocutory review.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter A - GENERAL › Part 4 - Hearings › Section 4.8 - Briefs and argument to the presiding officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Briefs shall be addressed to the
				  presiding officer unless the commission determines in any proceeding that
				  briefs shall be addressed directly to it. In that event, references in this
				  section to the presiding officer shall be deemed to refer to the
				  secretary.
(b) The presiding
				  officer shall determine the number of briefs that may be written, the schedule
				  for filing them, and the page limitations if any. Copies of exhibits may be
				  appended to any brief without being charged against a page limitation. The
				  presiding officer may authorize oral argument where he or she finds it
				  warranted and determine the scope of any such argument and the procedures to be
				  followed.
(c) Briefs shall meet the
				  general requirements for documents filed with the secretary, set out in section
				  3.5 
				  of this Title. In addition, any brief longer than 10 pages (exclusive of
				  exhibits) shall include a table of contents.
(d) Pursuant to section
				  3.5 
				  of this Title, each brief shall be filed with the secretary, and at the same
				  time be served on each party to the proceeding.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter A - GENERAL › Part 4 - Hearings › Section 4.9 - Reports and recommended decisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In any case set for hearing, the
				  presiding officer may submit a report to the commission or prepare a
				  recommended decision. If a report is submitted, the commission may decide the
				  case without further proceedings.
(b) If a recommended decision is prepared,
				  the secretary shall determine in the first instance whether to issue it for
				  exceptions or to present it directly to the commission. If it is presented to
				  the commission, the commission may adopt it (with or without modification)
				  without further proceedings or may direct that it be issued for exceptions. If
				  the commission directs issuance of a recommended decision, it may restrict
				  exceptions to specified issues. A recommended decision that is issued for
				  exceptions shall be served on all parties.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter A - GENERAL › Part 4 - Hearings › Section 4.10 - Exceptions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If a
				  recommended decision is issued for exceptions, each party may file a brief on
				  exceptions and a brief opposing exceptions, but the secretary may determine
				  that briefs opposing exceptions will not be entertained. Unless otherwise
				  specifically authorized by the secretary for the purpose of promoting the fair,
				  orderly, and efficient conduct of the case, pleadings additional to those
				  authorized by this section will not be entertained.
(b) Briefs on exceptions may be filed within
				  20 days of the issuance of the recommended decision, and briefs opposing
				  exceptions may be filed within 15 days thereafter. The secretary may extend or
				  curtail these time limits at the request of a party or on the secretary's own
				  motion.
(c)
(1) In addition to meeting the requirements
				  of this subdivision, briefs on exceptions and briefs opposing exceptions shall
				  comply with the requirements of section
				  3.5 
				  of this Title and section
				  4.8 
				  of this Part. They shall be self-contained, and may not incorporate earlier
				  pleadings by reference.
(2) A brief
				  on exceptions shall contain:
(i) a short
				  statement of the case;
(ii) a
				  summary of the party's basic position;
(iii) the grounds on which the exceptions
				  rest; and
(iv) the argument in
				  support of the exceptions, including references to the record and to
				  authorities relied on. The argumentation should not simply reiterate the
				  party's position, but should explain why the party believes the recommended
				  decision to be in error.
(3) A brief opposing exceptions shall be
				  directed only at exceptions raised by other parties, and may not raise issues
				  not raised on exceptions. It shall identify each exception replied
				  to.
(4) If only a brief on
				  exceptions is authorized, it may not exceed 50 pages. If briefs on exceptions
				  and opposing exceptions are authorized, they may not exceed 100 pages in total.
				  The secretary may modify these page limitations at the request of a party or on
				  the secretary's own motion.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter A - GENERAL › Part 5 - Discovery › Section 5.1 - Generally

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Consistent with
				  the limitations and procedures set forth in this Part, parties shall fully
				  disclose to each other, upon request, all information (including data, records,
				  objects, and documents) relevant and material to a proceeding in which they are
				  participating and any information likely to lead to such information. The
				  provisions of this Part apply to formal proceedings, and do not limit any other
				  authority of the commission or its staff to obtain information from a utility
				  company, or other entity.
(b) To
				  the maximum extent possible, discovery requests and responses pursuant to this
				  Part shall be served electronically.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter A - GENERAL › Part 5 - Discovery › Section 5.2 - Informal discovery

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Parties are encouraged to communicate and exchange information informally,
				  including by telephone or by meeting, and to use the formal procedures provided
				  for below only as necessary.
(b)
				  Material or information provided by one party to another through informal
				  discovery need not, for that reason alone, be made available to third parties.
				  Nevertheless, no party may refer to, introduce into evidence, or otherwise use
				  at a hearing, except in its prefiled written testimony or in response to
				  cross-examination, any information obtained through informal discovery unless
				  that party first shows that all other active parties received or had a
				  reasonable opportunity to receive that response reasonably in advance of the
				  hearing at which such use is proposed.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter A - GENERAL › Part 5 - Discovery › Section 5.3 - Interrogatories

Current through Register Vol. 46, No. 28, July 10, 2024
(a) After a
				  proceeding is commenced and until any cut-off point that the presiding officer
				  may set, any party may serve written interrogatories on any other party. Each
				  interrogatory shall be clear and concise, and, to the degree possible, employ
				  technical terms in the way they are usually employed in commission proceedings;
				  encompass only questions related to each other; and be presented on a separate
				  page. Each party's interrogatories (and document requests pursuant to section
				  5.4  of
				  this Part) shall be numbered consecutively throughout the proceeding. A copy of
				  every interrogatory shall be served on each party, and on the presiding
				  officer, if he or she so requests.
(b) An individual knowledgeable as to the
				  content of each response to an interrogatory may be required to testify as to
				  its truth or accuracy. If the name of that individual is not set forth on the
				  response, it shall be provided promptly by the responding party upon
				  request.
(c) Except as provided
				  below, a party to whom an interrogatory is directed shall answer each question
				  separately in writing, and shall set forth the question immediately before its
				  answer. Answers shall be served on the requesting party within 10 days
				  following service of the interrogatory, and a copy shall be served on any
				  presiding officer or party who so requests.
(d) If the interrogated party cannot prepare
				  a response within 10 days, it shall, within the 10 days, so inform the
				  interrogating party and state when the response will be forthcoming. Any
				  ensuing dispute over timing of the response shall be submitted to the presiding
				  officer for resolution.
(e) Any
				  objection to an interrogatory shall be made in writing and served on all
				  parties and the presiding officer within 10 days of service of the
				  interrogatory. The interrogatory need not be answered while the objection
				  remains pending. If the presiding officer overrules the objection, the answer
				  to the interrogatory shall be served within five days following the issuance of
				  the ruling or within 10 days following service of the interrogatory, whichever
				  is later.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter A - GENERAL › Part 5 - Discovery › Section 5.4 - Requests for documents

Current through Register Vol. 46, No. 28, July 10, 2024
(a) After
				  a proceeding is commenced and until any cut-off point that the presiding
				  officer may set, any party may serve a written request for documents (including
				  writings, drawings, and electronically stored information) on any other party.
				  The request shall describe the documents sought with reasonable particularity,
				  though the description may be by clearly defined category rather than by item.
				  A copy of every request shall be served on each party, and on the presiding
				  officer, if he or she so requests.
(b) Except as provided below, a party to whom
				  a request for a document is addressed shall furnish a copy of the document to
				  the requesting party within 10 days of service of the request. A copy of each
				  document shall be provided to any presiding officer or party who so requests.
				  Electronic service of a copy of the document satisfies this
				  obligation.
(c) If the party from
				  which a document is sought cannot provide a copy within 10 days, it shall,
				  within the 10 days, so inform the requesting party and state when the copy will
				  be forthcoming. Any ensuing dispute over timing of the response shall be
				  submitted to the presiding officer for resolution.
(d) Any objection to a document request shall
				  be made in writing and served on all parties and the presiding officer within
				  10 days of service of the request. The document need not be supplied while the
				  objection remains pending. If the presiding officer overrules the objection,
				  the document shall be supplied within five days following the issuance of the
				  ruling or within 10 days following service of the request, whichever is
				  later.
(e) If a requested document
				  is voluminous, the responding party may permit the requesting party to examine
				  the document at the responding party's office and then supply a copy of only so
				  much of the document as the requesting party finds it needs. The times,
				  locations, and conditions for such examination shall be reasonable, and the
				  presiding officer shall ensure that responding parties do not use this option
				  to impose unfair burdens on requesting parties or otherwise hinder
				  discovery.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter A - GENERAL › Part 5 - Discovery › Section 5.5 - Requests for admissions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) After
				  a proceeding is commenced and until any cut-off point that the presiding
				  officer may set, any party may serve on any other party a request to admit the
				  genuineness of a document, the accuracy or fairness of representation of
				  photographs, drawings, or maps, or the truth of any statement of fact. A copy
				  of every request shall be served on each party and the presiding officer, if he
				  or she so requests.
(b) Responses
				  to requests for admission shall be served within 10 days of service of the
				  request. A copy of the response shall be served on each party and on the
				  presiding officer.
(c) Any request
				  for admission not denied within 10 days will be deemed granted, except in
				  extraordinary circumstances where the failure to deny within that time is shown
				  to be justified.
(d) Admissions
				  made or deemed to be made will be applicable only to the proceeding in which
				  they are requested.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter A - GENERAL › Part 5 - Discovery › Section 5.6 - Other discovery

Current through Register Vol. 46, No. 28, July 10, 2024
The presiding officer, on request or by his or her own
					 motion, may authorize other forms of discovery, including oral depositions and
					 inspection of sites, facilities, or original documents. A party requesting such
					 procedures shall show that the likely benefits cannot otherwise be obtained and
					 outweigh the associated costs.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter A - GENERAL › Part 5 - Discovery › Section 5.7 - Supplementation of responses

Current through Register Vol. 46, No. 28, July 10, 2024
A party shall promptly amend a previous discovery response
					 if, during the course of the proceeding, it learns that the previous response
					 was incorrect when made or, though correct when made, is no longer so in a
					 material respect.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter A - GENERAL › Part 5 - Discovery › Section 5.8 - Scope of discovery

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Discovery requests should be tailored to the particular proceeding and
				  commensurate with the importance of the issues to which they relate. They
				  should be limited to materials or information that:
(1) the requesting party expects to use in
				  cross-examination or in preparing its case;
(2) are not already possessed by or readily
				  available to that party; and
(3)
				  are not conveniently obtainable elsewhere. Unduly broad requests will not be
				  allowed.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter A - GENERAL › Part 5 - Discovery › Section 5.9 - Miscellaneous procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every
				  party shall identify an individual to whom discovery requests should be
				  referred.
(b) The determination of
				  when service of discovery requests, objections, or responses is complete is
				  governed by section
				  3.5(e)(3) 
				  of this Title.
(c) Parties should
				  attempt to resolve discovery disputes among themselves, without involvement of
				  the presiding officer. Problems relating to questions or answers should be
				  communicated to the other party immediately by telephone.
(d) The presiding officer may, at the request
				  of any party or on his or her own motion, modify the procedures set forth in
				  this Part for the purpose of promoting the fair, orderly, and efficient conduct
				  of the case.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter A - GENERAL › Part 5 - Discovery › Section 5.10 - Sanctions

Current through Register Vol. 46, No. 28, July 10, 2024
If a party fails or refuses to comply with a directive to
					 disclose material, or renders incomplete or substantially misleading responses,
					 the presiding officer may:
(a) take as
				  established, to the disadvantage of the recalcitrant party, specified facts
				  related to the matter at hand;
(b)
				  prohibit the recalcitrant party from introducing the evidence concerning which
				  the discovery request was made; or
(c) take such other action as may be proper
				  in the circumstances.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter A - GENERAL › Part 6 - Implementation Of Provisions Of The Public Officers Law › Subpart 6-1 - Public Access to Department Records › Section 6-1.1 - Availability of records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The public
					 records of the Department of Public Service may be inspected, in accordance
					 with the provisions of this Part, during regular business hours on Monday
					 through Friday, exclusive of legal holidays, at the offices of the Department
					 of Public Service. Records will be made available to requesting persons in hard
					 copy or electronically as appropriate.
(b) When the requested records are to be
					 transferred between offices or from the State record center, are in use, or are
					 otherwise not available within five business days of receipt of a written
					 request that reasonably describes the records, a written acknowledgment of the
					 receipt of the request and a statement of the approximate date when the request
					 will be granted or denied shall be furnished. When a request will be granted in
					 whole or in part, if circumstances prevent disclosure to the person requesting
					 the records within 20 business days after the date of the acknowledgment of the
					 receipt of the request, a written explanation of the inability to grant the
					 request within 20 business days shall be provided, together with a date certain
					 within a reasonable period, depending on the circumstances, when the request
					 will be granted in whole or in part. If access to the records is neither
					 granted nor denied within a reasonable time after the date of acknowledgment of
					 receipt of a request, or if the agency fails to conform to the provisions of
					 section 89 (3)  of the Public Officers
					 Law, such failure may be construed as a denial of access that may be appealed
					 pursuant to the appeals procedure set forth in 21 NYCRR 1401.7.
(c) A request for public inspection or
					 copying of a record may be made electronically or by mail to the Records Access
					 Officer, Department of Public Service. The records access officer shall respond
					 to such request by electronic mail, provided that the written request does not
					 require a response in some other form.
(d) Appeals pursuant to the procedure set
					 forth in 21 NYCRR section 1401.7 may be submitted in electronic form or by mail
					 to the secretary and shall be heard by the secretary.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter A - GENERAL › Part 6 - Implementation Of Provisions Of The Public Officers Law › Subpart 6-1 - Public Access to Department Records › Section 6-1.2 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
The fees for preparing and reproducing department records
						shall be in accordance with a schedule of fees maintained by the secretary and
						made publicly available.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter A - GENERAL › Part 6 - Implementation Of Provisions Of The Public Officers Law › Subpart 6-1 - Public Access to Department Records › Section 6-1.4 - Special rules applicable when a presiding officer is assigned

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Manner of
					 identifying trade secrets, confidential commercial information or critical
					 infrastructure information.
(1) Whenever a
					 party seeks disclosure of information in an administrative proceeding, the
					 party in possession of such information may request that it be granted
					 confidential status. A party requesting confidential status shall submit the
					 record containing such information to the presiding officer in electronic form
					 or by mail and shall clearly identify the portions of the record considered to
					 be confidential.
(2) The party
					 submitting confidential information to the presiding officer shall also submit
					 a comprehensive brief specifying in detail the reasons why such information
					 should be accorded confidential status as provided for in section
					 6-1.3(b)(2) 
					 of this Subpart.
(3) Information
					 submitted pursuant to this section shall be excepted from disclosure and
					 maintained apart by the agency from all other records until 15 days after
					 entitlement to confidential status has been finally denied or such further time
					 as ordered by a court of competent jurisdiction.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter A - GENERAL › Part 6 - Implementation Of Provisions Of The Public Officers Law › Subpart 6-2 - Personal Privacy Protection › Section 6-2.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It is the
					 responsibility and the intent of the department to fully comply with the
					 provisions of article 6-A of the Public Officers Law, the "Personal Privacy
					 Protection Law."
(b) The department
					 shall maintain in its records only such personal information that is relevant
					 and necessary to accomplish a purpose of the agency that is required to be
					 accomplished by statute or executive order, or to implement a program
					 specifically authorized by law.
(c)
					 Personal information will be collected, whenever practicable, directly from the
					 person to whom the information pertains.
(d) The department seeks to ensure that all
					 records pertaining to or used with respect to individuals are accurate,
					 relevant, timely, and complete.
(e)
					 This Subpart provides information regarding the procedures by which members of
					 the public may assert rights granted by the Personal Privacy Protection
					 Law.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter A - GENERAL › Part 6 - Implementation Of Provisions Of The Public Officers Law › Subpart 6-2 - Personal Privacy Protection › Section 6-2.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Data subject.
					 The term data subject means any natural person about whom personal information
					 has been collected by an agency.
(b) Personal information. The term personal
					 information means any information concerning a data subject which, because of
					 name, number, symbol, mark or other identifier, can be used to identify that
					 data subject.
(c) Record. The term
					 record means any item, collection, or grouping of personal information about a
					 data subject which is maintained and is retrievable by use of the name or other
					 identifier of the data subject. The term record shall not include personal
					 information which is not used to make any determination about the data subject
					 if it is:
(1) a telephone book or directory
					 which is used exclusively for telephone and directory information;
(2) any card catalog, book, or other resource
					 material in any library;
(3) any
					 compilation of information containing names and addresses only which is used
					 exclusively for the purpose of mailing agency information;
(4) personal information required by law to
					 be maintained, and required by law to be used, only for statistical research or
					 reporting purposes;
(5) information
					 requested by the agency which is necessary for the agency to answer unsolicited
					 requests by the data subject for information; or
(6) correspondence files.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter A - GENERAL › Part 6 - Implementation Of Provisions Of The Public Officers Law › Subpart 6-2 - Personal Privacy Protection › Section 6-2.3 - Designation and duties of privacy compliance officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department's records access officer
					 is hereby designated privacy compliance officer and is responsible for ensuring
					 that the agency complies with the provisions of the Personal Privacy Protection
					 Law and this Subpart; and for coordinating and developing the department's
					 response to requests for records or amendment of records.
(b) The address of the privacy compliance
					 officer is available on the commission's website.
(c) Upon receipt of a request from a data
					 subject, which may be sent in electronic form, the privacy compliance officer
					 is responsible for:
(1) assisting a data
					 subject in identifying and requesting personal information, if
					 necessary;
(2) describing the
					 contents of systems of records orally or in writing in order to enable a data
					 subject to learn if a system of records includes a record or personal
					 information identifiable to a data subject requesting such record or personal
					 information;
(3) taking one of the
					 following actions upon locating the record sought:
(i) making the record available for
					 inspection in written form without codes or symbols, unless an accompanying
					 document explaining such codes or symbols is also provided;
(ii) permitting the data subject to copy the
					 record; or
(iii) denying access to
					 the record in whole or in part and explaining in writing the reasons
					 therefor;
(4) making a
					 copy of any record to be made available to a data subject, upon request, and
					 upon payment of or offer to pay established fees (see section 6- 1.2 of this
					 Part), and responding to such requests by electronic mail, provided that the
					 written request does not require a response in some other form, or permitting
					 the data subject to copy the records;
(5) upon request, certifying that:
(i) a copy of a record is a true copy;
					 or
(ii) the department does not
					 have possession of the record sought; or
(iii) the department cannot locate the record
					 sought or after having made a diligent search; or
(iv) the information sought cannot be
					 retrieved by use of the description thereof, or by use of the name or other
					 identifier of the data subject without extraordinary search methods being
					 employed by the department.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter A - GENERAL › Part 6 - Implementation Of Provisions Of The Public Officers Law › Subpart 6-2 - Personal Privacy Protection › Section 6-2.4 - Proof of identity

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When a
					 request is made pursuant to this Subpart in person, or when records are made
					 available in person following a request made electronically or by mail, the
					 department may require appropriate identification, such as a driver's license,
					 an identifier assigned to the data subject by the department, a photograph or
					 similar information that confirms that the records sought pertain to the data
					 subject.
(b) When a request is made
					 pursuant to this Part, by mail, the department may require verification of a
					 signature or inclusion of an identifier generally known only by a data subject,
					 or similar appropriate identification.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter A - GENERAL › Part 6 - Implementation Of Provisions Of The Public Officers Law › Subpart 6-2 - Personal Privacy Protection › Section 6-2.5 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless
					 otherwise prescribed by statute, there shall be no fee charged for:
(1) inspection of records;
(2) search for records; or
(3) any certification pursuant to this
					 Subpart.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter A - GENERAL › Part 6 - Implementation Of Provisions Of The Public Officers Law › Subpart 6-2 - Personal Privacy Protection › Section 6-2.6 - Public inspection of records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Records shall be made available both
					 electronically and at the main office of the department.
(b) Whenever practicable, records shall be
					 made available at the New York City office of the department.
(c) The department shall accept requests for
					 records and produce records during regular business hours.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter A - GENERAL › Part 6 - Implementation Of Provisions Of The Public Officers Law › Subpart 6-2 - Personal Privacy Protection › Section 6-2.7 - Requests for records and information

Current through Register Vol. 46, No. 28, July 10, 2024
All requests made pursuant to this Subpart shall be made
						in writing and must be accompanied by a reasonable proof of
						identity.
New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter A - GENERAL › Part 6 - Implementation Of Provisions Of The Public Officers Law › Subpart 6-2 - Personal Privacy Protection › Section 6-2.8 - Amendment of records

Current through Register Vol. 46, No. 28, July 10, 2024
Within 30 days of a request from a data subject for
						correction or amendment of a record or personal information that is reasonably
						described and that pertains to the data subject, the department shall:
(a) make the amendment or correction in whole
					 or in part and inform the data subject that, on request, such correction or
					 amendment will be provided to any person or governmental unit to which the
					 record or personal information has been or is disclosed pursuant to paragraph
					 (d), (i), or (l) of subdivision one of section 96 (1)  of the Public Officers
					 Law; or
(b) inform the data subject
					 in writing of its refusal to correct or amend the record, including the reasons
					 therefor.