N.Y. Comp. Codes R. & Regs. tit. 9 § 9500.9

Current through Register Vol. 46, No. 43, October 23, 2024

Section 9500.9 - Hearings

(a) At least 10 days before the date of the hearing or hearings, one of which shall be near the project site, the commission shall notify the sponsor by certified mail of the time and place of the hearing or hearings, and notify the public by advertisement in a newspaper of general circulation in the area in which the proposed project is located. The advertisement shall briefly describe the project. A copy of such notice shall be filed with the clerks of the local governments in which the project is located.

(b) All hearings shall be open to the public. Any person wishing to be heard may appear at the hearing and make a statement for or against the project, orally or in writing. Statements shall be made a part of the record of the hearing. Those wishing to make statements may be represented by an attorney or other qualified person.

(c) Hearings shall be conducted by the commission or a member or officer of the commission. The hearing officer shall have full authority to control the conduct and procedure of the hearing and the record of it, to admit or exclude testimony or other evidence and to rule on all motions and objections.

(d) A record of each hearing shall be made by a stenographer, designated by the commission, who shall deliver the original transcript of the hearing to the commission and one copy to the project sponsor. Any interested person may secure a copy from the stenographer, upon the payment of such reasonable fee as may be agreed upon between the stenographer and the person desiring such transcript.

(e) The commission shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure. The commission may receive in evidence such affidavits, data or other materials which are relevant to the project under review.

(f) The commission, in its discretion, may consolidate two or more hearings.

(g) The project sponsor and all other persons wishing to be heard should be prepared to proceed on the date of the hearing. Application for adjournments will not be granted, except for good cause.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 9500.9