Guidance Memoranda
During the 1970's, the Commissioner of the Department of Environmental Conservation established a formal series of memoranda (entitled Organization & Delegation Memoranda) that encompassed three separate categories: Policy, Delegation, and Assignment. Although many of the memoranda have been superseded by the DEC (Commissioner) Policy System that was introduced on May 29, 1996 or otherwise have been rescinded, a number are still in use.
Several of the Organization & Delegation ("O&D") Memoranda continue to provide guidance with respect to hearing procedures in the Office of Hearings and Mediation Services. These include the following:
O&D Memo #84-10 March 22, 1984 "Adjudicatory Hearings: Avoiding Ex Parte Communications within the Department" (PDF Version 245 kb)
O&D Memo #85-06 February 11, 1985 "Development and Use of Draft Permit Conditions in Permit Hearings" (PDF Version 246 kb)
O&D Memo #90-04 February 13, 1990 "Governor's New Executive Order on Administrative Adjudication" (PDF Version 381 kb)
O&D Memo #94-13 May 5, 1994 "Effect of Stipulations on Decision-Making in Permit and Enforcement Hearings" (supercedes O&D Memo #85-13) (PDF Version 177 kb)
O&D Memo #95-30 November 7, 1995 "The Conduct of Legislative Hearings" (PDF Version 44 kb)
Copies of each of the O&D Memoranda are linked to this page.
In 1994, the Department substantially revised the regulations governing administrative enforcement proceedings (6 NYCRR part 622) and permit hearing proceedings (6 NYCRR part 624). As part of the regulatory amendment process, the Department issued in December 1993 a Comments/Response Document which provides further details and elaboration on the regulatory revisions. A copy of that document, which provides useful reference to various of the regulatory sections in Parts 622 and 624, is also linked to this page. (PDF Version 3.27 mb)
If you have questions regarding these documents, please feel free to contact Louis A. Alexander, Assistant Commissioner for Hearings and Mediation Services ([518] 402-8537) or James T. McClymonds, Chief Administrative Law Judge for the Office of Hearings and Mediation Services ([518] 402-9003).
