N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 645-6.4

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

Section 645-6.4 - Hearing participation

Participation in the hearing may be full or limited, depending upon the degree of interest and involvement sought in the proceeding. Members of the public who do not intend to introduce evidence but who wish to have their arguments recorded shall only be permitted to make a limited appearance.

(a) The parties to a hearing shall be:

(1) the applicant;

(2) the commission staff; and

(3) other interested persons who meet the requirements in subdivision (b) of this section.

(b) To obtain party status, a person must file, in writing and by the date set in the notice of hearing, a statement of position which identifies:

(1) the person's grounds of support or opposition to the project, including a demonstration of the social, economic or environmental interests of the person which are likely to be affected by the proposed project; and

(2) the nature of the argument and evidence which the person intends to present, and any other matter believed relevant.

(c) If a sufficient filing is not made, the hearing officer has discretion to deny party status or require additional information from the person requesting party status. The hearing officer's ruling on party status shall be based upon a finding that sufficient interest, as described in paragraph (b)(1) of this section, has been demonstrated.

(d) The hearing officer may limit the participation of a party to those areas in which its identified interest may be affected, or in which its expertise would prove beneficial to the development of a factual record.

(e) The hearing officer may allow any person meeting the requirements of paragraph (b) of this section to become a party at any time during the hearing if it is shown:

(1) that good cause exists for failure to file on time;

(2) that no party will be unreasonably disadvantaged or otherwise prejudiced; and

(3) that the person's participation will materially contribute to a complete record.

(f) Any ruling of the hearing officer denying or limiting party status may, within seven days of the ruling, be appealed in writing to the commission which shall decide the appeal at its next regular meeting following receipt of all papers filed in connection with the appeal. Notice of the appeal and a copy of all briefs submitted in support thereof shall be presented to the commission. Upon receipt of an appeal, the hearing officer shall decide whether to adjourn the hearing or to make such other order protecting the interests of the parties and the person initiating the appeal as justice requires, including an order that witnesses may be recalled should the decision be reversed.

(g) A person who is not a party may make a limited appearance by either submitting a written statement to the hearing officer at the hearing or requesting, at or prior to the opening of the hearing, to make an oral statement. Such a person shall have the right to present unsworn written and oral statements on issues of law and fact relevant to the hearing at such times and to the extent as established by the hearing officer. Such statements:

(1) do not have the weight or importance of sworn statements or other evidence; and

(2) shall be appropriately considered by the hearing officer and the commission in weighing the evidence and in making statutory and regulatory conclusions of law.

(h)Consolidation of parties.

If a hearing involves numerous parties, some or all of whom have similar viewpoints and input, in order to avoid repetitious testimony or argument the hearing officer may:

(1) limit the number of witnesses on a given issue or subject, in order to avoid needless presentation of duplicative evidence;

(2) limit the scope of cross-examination to matters not previously subject to cross-examination;

(3) limit the number of rebuttal witnesses and the scope of their testimony;

(4) limit the time for oral argument and/or require written briefs or submission;

(5) utilize a panel of witnesses for purposes of direct testimony or cross-examination; and

(6) take other reasonable measures to minimize repetitious testimony or argument.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 645-6.4