N.Y. Comp. Codes R. & Regs. Tit. 6 § 624.3 - Notice of hearing

(a) When notice is required. Unless otherwise provided by statute or regulation, the Office of Hearings must publish notice of the hearing in the ENB, and provide notice to the applicant and to persons who have made written request to participate. The applicant must provide for and bear the cost of publication of the notice in a newspaper having general circulation in the area within which the proposed project is located. The notices in the ENB and the newspaper must be published at least once and not less than 21 calendar days prior to the hearing date. In the case of applications involving State Pollutant Discharge Elimination System (SPDES) permits, revisions to the State implementation plan, federally delegated air permits, and Hazardous Waste Management Facility (HWMF) permits, and Remedial Action Plans (RAPs), the notice must be published at least 30 days prior to the hearing date. In addition, public notice by means of radio is required for hearings on all HWMF permits or RAP applications. These requirements are minimums and the ALJ shall direct the applicant to provide additional notice or to provide the notice further in advance of the hearing where the ALJ finds it necessary to do so in order to adequately inform the potentially affected public about the hearing. Where the ALJ finds that a large segment of the potentially affected public has a principal language other than English, he or she shall direct the publication of the notice in a foreign language newspaper(s) serving such people. Nothing herein shall authorize the ALJ to delay the commencement of the hearing beyond the deadlines established in UPA without the applicant's consent.

(b) Required contents of notice. The notice must be in the form specified by the Office of Hearings and must contain the following information:

(1) the date of issuance of the notice of hearing and the date of the notice of complete application;

(2) the date, time, location and purpose of the hearing and any pre-hearing conference, if scheduled. The location must be in the town, village or city in which the project is located, as reasonably near the project site as practicable, depending upon the availability of suitable facilities. However, another location may be selected based on the convenience of parties and witnesses at the discretion of the ALJ;

(3) the name and address of the applicant or permittee;

(4) the permits, approvals or action sought together with citations to applicable statutes and regulations;

(5) a description of the project;

(6) the accessibility and location for review, and a list of the available application materials, including, if available at the time of issuance of the notice of hearing, the staff's draft permit or statement of intent to deny;

(7) the status of the action under SEQRA and, where the department is lead agency pursuant to SEQRA and Part 617 of this Title and a DEIS has been prepared, an indication that comments on the DEIS may be received at the legislative hearing and of the provisions for their review;

(8) instructions for filing a petition for party status (see generally section 624.5 of this Part); and

(9) other notices required pursuant to any delegated permit program.

(c) Optional contents. The notice may also specify the issues of concern to the department and the public.

(d) Service on specific persons. Not less than 21 calendar days prior to the hearing date, individual copies of the notice must be sent to the chief executive officer of any municipality in which the project is located and such other persons as the department deems to have an interest in the application. In the case of applications for delegated permits, as defined by section 621.2(g) of this Title, notice of the type specified in this section must be sent to those persons specified in section 621.7(a) of this Title not less than 30 calendar days prior to the hearing date. The ALJ shall direct the applicant to provide notice further in advance of the hearing to those persons specified in this subdivision where the ALJ finds it necessary to do so in order to adequately inform them about the hearing. Nothing herein shall authorize the ALJ to delay the commencement of the hearing beyond the deadlines established in UPA without the applicant's consent.

Notes

N.Y. Comp. Codes R. & Regs. Tit. 6 § 624.3