N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 645-6.6

Current through Register Vol. 46, No. 45, November 2, 2024
Section 645-6.6 - Issues conference
(a) An issues conference will be scheduled when possible in advance of the public hearing. The function of the conference is, as far as possible, to narrow or resolve issues raised by the parties concerning the permit application and to define and limit the scope of issues remaining as subjects for the adjudicatory hearing sessions. At the issues conference, the hearing officer may rule on party status, direct disclosure between the parties, and outline the conduct of the hearing.
(b) Where a DEIS accompanies an application, the conference shall also focus on whether and to what extent significant impact, alternatives, mitigation measure or social and economic considerations identified in the DEIS, or raised in comments on the DEIS, should be addressed in the adjudicatory session of the hearing, particularly where there is a reasonable likelihood that the issues arising from the DEIS might lead to the denial of the permit or the issuance of significant permit conditions.
(c) Following the conference, the hearing officer will determine and advise the parties of the issues to which testimony and other evidence in the adjudicatory session will be limited or will determine that the hearing is to be adjourned or cancelled. The hearing officer's determination shall be based upon whether the issues raised are substantive and significant, and resolution of such issues may result in permit denial, require major modification to the project or the imposition of significant permit conditions. The hearing officer will enter his determination on the record.
(d) The ruling of the hearing officer setting forth the issues for the hearing 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 the receipt of all papers filed in connection with the appeal. Other parties may submit briefs in support of or in opposition to the hearing officer's ruling. Notice of the appeal and a copy of all briefs submitted in support thereof shall be given to the hearing officer and all parties to the hearing. Upon receipt of notice of an appeal, the hearing officer shall decide whether to adjourn or continue the hearing or to make such other order protecting the interests of the parties as justice requires.
(e) The hearing officer shall summarize the record, the action taken at the conference and incorporate into the record any admissions, stipulations or agreements which were made by the parties.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 645-6.6