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Adopted Part 621 Express Terms

Part 621 of 6 NYCRR is amended to read as follows:

Section 621.1 through section 621.9 remain unchanged.

Subdivision 621.10(a) is amended to read as follows:

(a) The department or its agent shall mail to the applicant and its representative, if applicable, a decision in the form of: a permit, a permit with conditions or a statement that the permit applied for has been denied, with an explanation for the denial. This must be done within the following time periods:

(1) for a minor project for which no adjudicatory public hearing has been held: on or before 45 calendar days after the date the application was complete. If the permit applied for has been denied or is issued with significant conditions attached, then the decision notification must include an opportunity for an adjudicatory hearing to be held. The applicant may request a hearing by writing to either the regional permit administrator or the chief permit administrator, as instructed in the decision notification, within 30 calendar days of the date of the mailing of either the notice of denial or the permit with conditions. The applicant must also submit a copy of a written request for hearing to the chief administrative law judge. The department must commence the hearing within 45 calendar days of receiving the request;

(2) for a major project for which no public hearing has been held: on or before 90 calendar days after the date the application was complete. If the permit applied for has been denied or is issued with significant conditions attached, the decision notification will state that the applicant has the right to an adjudicatory hearing. The applicant may request a hearing by writing to either the regional permit administrator or the chief permit administrator, as instructed in the decision notification, within 30 calendar days of the date of the mailing of either the notice of denial or the permit with conditions. The applicant must also submit a copy of a written request for hearing to the chief administrative law judge. The department must commence the hearing within 45 calendar days of receiving the request;

Paragraph 621.10(a)(3) though subdivision 621.11(f) remain unchanged.

Subdivision 621.11(g) is amended to read as follows:

(g) If the decision is to deny the permit or requested action under transfer or relinquishment or to issue a permit with substantive conditions, the applicant may request a hearing be held by writing the regional permit administrator or the chief permit administrator, as instructed in the decision notification, within 30 calendar days of mailing of the decision to deny or date the permit with substantive conditions is issued. The applicant must also submit a copy of a written request for hearing to the chief administrative law judge. Such a hearing must be held within 60 calendar days of the applicant's request.

Subdivision 621.11(h) through subdivision 621.13(c) remain unchanged.

Subdivision 621.13(d) is amended to read as follows:

(d) Within 15 calendar days of mailing a notice of intent, the permittee may submit a written statement to the regional permit administrator or chief permit administrator, as directed, giving reasons why the permit should not be modified, suspended or revoked, or requesting a hearing, or both. The permittee must also submit a copy of a written request for hearing to the chief administrative law judge. Failure by the permittee to timely submit a statement will result in the department's action becoming effective on the date specified in the notice of intent.

Subdivision 621.13(e) through section 621.19 remain unchanged.

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