16 CRR-NY 753-6.6NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 16. DEPARTMENT OF PUBLIC SERVICE
CHAPTER VII. PROVISIONS AFFECTING TWO OR MORE KINDS OF PUBLIC SERVICE
SUBCHAPTER F. MISCELLANEOUS
PART 753. PROTECTION OF UNDERGROUND FACILITIES
SUBPART 753-6. ENFORCEMENT PROCEDURES
16 CRR-NY 753-6.6
16 CRR-NY 753-6.6
753-6.6 Commission proceeding.
(a) If the respondent requests an informal conference, such conference will be conducted by department staff. The respondent shall have the right to be represented by an attorney or other person, and shall have the right to present relevant evidence. Any evidence that department staff may have which indicates that the respondent may have violated this Part shall be made available to the respondent, who shall have the opportunity to rebut this evidence, either at the informal conference, in writing within 30 days following the conference, or by other mutually agreed to arrangements.
(b) Following its review of any material submitted in writing or at an informal conference, the department will compile a case file, which will be the basis for a final order. The case file of an enforcement proceeding shall include:
(1) the field citations, inspection reports and any other evidence of alleged violations;
(2) a copy of the NOPV issued under section 753-6.4 of this Subpart;
(3) any material submitted by the respondent in response to the NOPV or at an informal conference; and
(4) a written evaluation and recommendation for a final order.
16 CRR-NY 753-6.6
Current through February 28, 2023
End of Document