N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 645-6.2

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

Section 645-6.2 - Hearing officer

(a) Upon a determination by the commission to conduct a public hearing on a permit application, or if a public hearing is requested or required, the commission shall appoint a hearing officer who shall supervise all aspects of the hearing process.

(b) A hearing officer shall be appointed in accordance with the procedures specified in section 645-4.9(b) of this Part.

(c) The hearing officer shall have power to:

(1) rule upon all motions and requests;

(2) set the time and place of the hearing and recesses and adjournments;

(3) administer oaths and affirmations;

(4) issue subpoenas;

(5) summon and examine witnesses;

(6) establish rules for and direct disclosure at the request of any party or upon the hearing officer's own motion consistent with the general principles of article 31 of the CPLR if, in the discretion of the hearing officer, such disclosure will aid in narrowing the issues and not unduly delay the proceedings. However, in view of the fact-finding nature of the proceedings, the exemption from disclosure contained in CPLR section 3101(d) (material prepared for litigation) shall not be applicable to the preparation and exchange of the following when ordered by the hearing officer:

(i) witness lists, including the names and address of all witnesses, the scope and content of each witness's proposed testimony and, for expert witnesses, their education and any published works;

(ii) prefiled written testimony, which shall be attested to at the hearing and the witness shall be available to be cross-examined on the testimony unless otherwise stipulated by the parties;

(iii) lists of documentary or physical evidence to be offered at the hearing;

(iv) written interrogatories; or

(v) other disclosure devices contained in article 31 of the CPLR. Failure by a party to adhere to the hearing officer's disclosure order may result in preclusion of evidence, the loss of party status, opportunity to be heard, or denial of the permit;

(7) admit or exclude evidence, including the exclusion of evidence on grounds of privilege or confidentiality;

(8) hear and determine arguments on fact or law and require written briefs on issues which cannot be resolved at the issues conference;

(9) preclude irrelevant or unduly repetitious, tangential or speculative testimony or argument;

(10) take any measures necessary for maintaining order and the efficient conduct of the hearing; and

(11) report to the commission in accordance with the requirements of this Subpart.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 645-6.2