N.Y. Comp. Codes R. & Regs. tit. 6 § 647.8

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

Section 647.8 - Oral argument

(a) Any party desiring oral argument shall make a request for such at the same time as filing its brief. The request shall be served on each party and filed with the board's docket clerk. The party shall specify whether such argument is desired in Albany or in one of the counties wherein the affected wetlands are located, and if in the one of such counties, then the party shall specify the most convenient available public meeting hall wherein the oral argument may be heard.

(b) Upon receipt of any request for oral argument, where the board deems it advisable, the board or its chairman shall designate one member to hear the argument in one of the counties wherein the affected wetlands are located. The full board shall hear the oral argument in Albany or elsewhere if all parties waive election to hold the argument in one of the counties wherein the affected wetlands are located.

(c) If the parties agree to holding oral argument in Albany, it shall be held on the Monday or Tuesday of the first full week of the month immediately following the date on which the respondent's brief is filed. If the oral argument is to be held elsewhere than Albany, the oral argument shall be held at such time and place as the board or its chairman or the member designated to hear the appeal shall direct.

(d) It is the responsibility of any party desiring a stenographic transcript of any oral argument to arrange and pay for such to be taken by a duly certified stenogographer and to furnish one copy of any such transcript to the board without cost and to filed such copy, with the stenographer's original verification, upon receipt from the stenographer with the board's docket clerk.

(e) Unless otherwise provided by order of the board or its chairman, each party will be allowed 30 minutes for argument of an appeal. A party is not obliged to use all of the time allowed. The board may grant additional time if a party requests it in writing prior to argument, and the board may terminate the argument whenever in its judgment further argument is unnecessary.

(f) Appellant is entitled to open and conclude the argument. The opening shall include a fair statement of the case. A party, its representative or counsel, will not be permitted to read at length from briefs, the record, or authorities. If a party fails to appear for oral argument, the board may hear argument from any other parties present and decide thereafter having considered the briefs of any absent party.

(g) If no oral argument is requested, then the appeal is deemed submitted on the basis of the briefs and/or record below.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 647.8