Part 624 - Permit Hearing Procedures

Statutory authority: Environmental Conservation Law, §§ 3-0306[4], 8- 0113[2], 70-0107[1], art. 70; State Administrative Procedure Act, art. 3

INTRODUCTION

This Part provides a detailed explanation of the public hearing process which is sometimes necessary to make a determination on permit applications submitted to the department, and on which agreement among parties involved cannot be reached otherwise. The principal function of the hearing is to resolve disputed issues of fact. It is the policy of the department to ensure that the public hearings it conducts provide a fair and efficient mechanism for the development of a factual record for the decision on a permit and, to that end, that all statements and testimony be relevant and directed toward achieving that goal. The process described in the following text may involve a legislative hearing session on a draft environmental impact statement, an adjudicatory hearing session with sworn testimony and cross-examination, formal filing of documents, and expenses to the applicant for a hearing room, stenographic services and public notice. This Part also contains provisions for subpoenas, stipulations, conferences, standards and evidence, and exchange of information by parties.