N.Y. Comp. Codes R. & Regs. tit. 6 § 647.20

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

Section 647.20 - Ex parte communications

(a) No party, a party's representative or counsel, shall communicate with the board, its chairman or any member thereof regarding any appeal or other matter within the board's jurisdiction without serving copies of such communications on all other parties to any appeal. Applications for a stay under section 647.9 of this Part, or for other relief, will be entertained only upon a showing that all other parties have been given reasonable notice or after the moving party specifies, under oath, that all reasonable and good-faith attempts with due diligence have been made to so notify the other parties without success.

(b) In the exercise of their quasi-judicial functions, no board member nor its chairman shall communicate with the commissioner, with the staff of the Department of Environmental Conservation, or with the staff or officers of any agency or the APA, about any appeal pending before the board or about any other board matter whatsoever, except as provided in subdivisions (c) and (d) of this section.

(c) Any board member and the board chairman, to whom is attempted any oral or written communication concerning any matter at issue in any proceeding before the board, will decline to listen to or receive such communication and will explain that the matter is pending for determination. If unsuccessful in preventing an oral communication, the recipient thereof will advise the communicator that a written account of the communication will be delivered to the board's docket clerk for filing and transmittal to all parties. The recipient of the oral communication will thereafter at once make a complete written statement of the communication and deliver such to the board's docket clerk. The docket clerk shall then transmit the written summary to all other board members and to all parties.

(d) This section does not apply to communications between the chairman and members of the board and the commissioner or staff of the Department of Environmental Conservation or others, regarding the administrative and procedural functioning of the board in the Department of Environmental Conservation, or the efficient transaction of the board's business. This section also does not apply to communications between board members and the commissioner or the Commissioner of Agriculture and Markets or the Governor, or their representatives, with respect to the appointment, service and terms of office of the board members and chairman. This section also does not apply to commnications with the members of the Legislature regarding the operations of the board or the act.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 647.20