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 658.14 - Shortened procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Whenever it appears to the hearing officer that the hearing can be more
					 expeditiously handled under the informal procedure provided for in this
					 section, he shall suggest to the parties that they consent to the use of such
					 procedure. Parties are free to consent to such procedure if they choose.
					 Declination of consent will not affect or prejudice the rights or interests of
					 any party.
(b) The request that the
					 shortened procedure herein provided be used need not originate with the hearing
					 officer; any party may address a request to the hearing officer asking that the
					 shortened procedure be used.
(c)
					 The hearing officer, in his suggestion to the parties, shall fix a short period
					 within which the parties may indicate their consent to the shortened procedure.
					 At the end of such period, the hearing officer shall notify the parties that
					 the shortened procedure will or will not be used.
(d) Within 10 days after receipt of notice
					 that the shortened procedure will be used, the department shall submit to the
					 hearing officer, in triplicate, in support of the charges contained in the
					 notice of hearing, an opening statement of the facts. A copy of such document
					 shall be served by the department on the respondent.
(e) Within 10 days after receipt of the
					 department's opening statement, the respondent shall submit to the hearing
					 officer, in triplicate, in support of his answer, an answering statement of
					 facts.
(f) Within 10 days after
					 receipt of a copy of the respondent's answering statement, the department may
					 submit to the hearing officer, in triplicate, a statement in reply, which shall
					 be confined strictly to replying to the facts and arguments set forth in the
					 answering statement.
(g) As used in
					 this section, the term "statement" includes (1) statements of fact signed and
					 sworn to by persons having knowledge of those facts; (2) documents submitted as
					 proof of the alleged facts, if any, which documents shall be properly
					 identified by verified statements in the statement submitted or otherwise
					 authenticated in such a manner that they would be admissible in evidence at a
					 hearing under the rules in this Part; and, (3) briefs containing argument to
					 sustain the contentions of the party submitting the statement. When
					 practicable, the documents which constitute the record of any transaction in
					 dispute should be made a part of the statement.
(h) Any facts stated in the statement must be
					 sworn to before a person authorized to administer oaths by a person who states
					 in the affidavit that he has actual knowledge of the facts. Except under
					 unusual circumstances, which shall be set forth in the statement and affidavit,
					 any such person shall be one who would appear as a witness if an oral hearing
					 were held.
(i) The original of each
					 document must show the signature, capacity, and impression seal or notarial
					 stamp of the officer administering the oath and the date thereof. Copies must
					 bear a notation that the original shows the data required in this
					 respect.
(j) In addition to, or in
					 lieu of, statements herein provided for, the parties may submit to the hearing
					 officer stipulations of fact signed by the parties or their representatives.
					 Such stipulations shall become a part of the record. The stipulation must be
					 submitted to the hearing officer within 10 days after notice that the shortened
					 procedure will be used; or, if the department's opening statement is filed,
					 within 10 days after the submission of such statement; or, if an answering
					 statement is submitted, within 15 days after the submission thereof; or, if a
					 statement in reply is submitted, within 15 days after the submission
					 thereof.
(k) The hearing officer
					 may, in his discretion, grant an extension of time in respect to the submission
					 of statements and stipulations.
(l)
					 Failure to submit, within the time prescribed, any statement required or
					 authorized under this section shall constitute a waiver of the right to submit
					 such statement or stipulation. In such case, the hearing officer may prepare
					 his report, findings of fact and recommendations and the commissioner may make
					 the final determination and order upon the evidence contained in the record at
					 the time of such failure to submit and file, except that no determination,
					 other than dismissal of the proceeding without prejudice, shall be made if the
					 department fails to submit an opening statement of the facts.
(m) Except as otherwise may be directed by
					 the hearing officer, the submission of the department's statement in reply, or
					 if the department has not submitted a reply, the submission of the respondent's
					 answering statement, shall conclude the presentation of evidence. The hearing
					 officer shall thereupon submit his report, findings of fact and
					 recommendations, and the same procedure shall be followed thereafter as in
					 proceedings where an oral hearing has been held.