N.Y. Comp. Codes R. & Regs. tit. 16 § 3.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 3.3 - Waivers

(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.

(b)

(1) Any request for an extension of time to comply with any requirement, other than a request governed by the preceding subdivision, may be granted by the secretary for the purpose of promoting the fair, orderly, and efficient conduct of the case, except that the secretary shall refer to the commission any such request that would constitute a major modification of the requirement.

(2) A petition for waiver pursuant to this subdivision shall be in writing and shall be filed in advance of the expiration of the time limit at issue. It shall describe in detail:

(i) the efforts made to comply on time with the requirement;

(ii) the circumstances alleged to have precluded timely compliance;

(iii) other factors warranting an extension of time; and

(iv) the amount of additional time being requested.

(c) Waivers not governed by subdivision (a) or (b) of this section may be granted only by the commission. A petition for such a waiver shall be in writing and describe in detail the circumstances alleged to warrant the waiver.

(d) Requests for waivers pursuant to this section shall be on notice to all parties, except where the party requesting the waiver shows that time constraints or other circumstances preclude such notice.

(e) This section does not apply to requests for waiver of requirements imposed by a presiding officer in a proceeding or for waiver of the deadlines for responding to pleadings addressed to a presiding officer. Any such request shall be submitted to and ruled on by the presiding officer.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 3.3