6 CRR-NY 624.6NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 6. DEPARTMENT OF ENVIRONMENTAL CONSERVATION
CHAPTER VI. GENERAL REGULATIONS
PART 624. PERMIT HEARING PROCEDURES
6 CRR-NY 624.6
6 CRR-NY 624.6
624.6 General rules of practice.
(a) Service.
(1) Rule 2103 of the CPLR will govern service of papers except that service upon the party's duly authorized representative may be made by the same means as provided for service upon an attorney.
(2) Proof of service must be made in the same manner as under the CPLR. Any required filing or proof of service must be with the Office of Hearings and Mediation Services.
(b) Computation of time limits.
(1) The rules of General Construction Law sections 20 and 25-a govern the computation of time limits.
(2) If a period of time prescribed under this Part is measured from the date of the ruling, pleading, motion, appeal, decision or other communication instead of the date of service:
(i) five days will be added to the prescribed period if notification is by ordinary mail; and
(ii) one day will be added to the prescribed period if notification is by express mail or other overnight delivery.
(c) Motion practice.
(1) Motions and requests made at any time must be part of the record. Motions and requests prior to the hearing must be filed in writing with the ALJ and must be served upon all parties. During the course of the hearing, motions may be made orally except where otherwise directed by the ALJ. If no ALJ has been assigned to the case, the motion must be filed with the Chief ALJ of the Office of Hearings and Mediation Services.
(2) Every motion must clearly state its objective, the facts on which it is based, and may present legal argument in support of the motion.
(3) All parties have five days after a motion is served to serve a response. Thereafter no further responsive pleadings will be allowed without permission of the ALJ.
(4) The ALJ should rule on a motion within five days after a response has been served or the time to serve a response has expired. The ALJ must rule on all pending motions prior to the completion of testimony. Any motion not ruled upon prior to the completion of testimony must be deemed denied.
(d) Office of Hearings and Mediation Services.
(1) Prior to the appointment of an ALJ to hear a particular case, the commissioner or the commissioner's designee from the Office of Hearings and Mediation Services may take any action which an ALJ is authorized to take.
(2) The Office of Hearings and Mediation Services may establish a schedule for hearing pretrial motions and other matters for cases which have no assigned ALJ.
(e) Expedited appeals.
The time periods for expedited appeals filed pursuant to section 624.8(d) of this Part are as follows:
(1) Expedited appeals or applications for leave to appeal must be filed to the commissioner in writing within five days of the disputed ruling.
(2) Upon being granted leave to appeal, a party must file the appeal in writing within five days if it has not already been filed. Thereupon the other parties may submit briefs or other arguments in support of or in opposition to the appealed issues within five days.
(3) Notice of the appeal and a copy of all briefs must be filed with the ALJ and served on all parties to the hearing. Upon receipt of notice of any appeal, the ALJ may adjourn or continue the hearing or make such other order protecting the interests of the parties.
(f) Consistent with section 52 of the Civil Rights Law, the audio or visual recording, photographing, filming, televising, broadcasting, or streaming of the adjudicatory hearing by use of any device or media is prohibited.
(g) To avoid prejudice to any party, all rules of practice involving time frames may be modified by direction of the ALJ and, for the same reasons, any other rule may be modified by the commissioner upon recommendation of the ALJ or upon the commissioner's initiative.
6 CRR-NY 624.6
Current through December 31, 2020
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