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Adopted Part 624 Express Terms

Part 624 of 6 NYCRR is amended to read as follows:

Section 624.1 through paragraph 624.1(a)(4) remain unchanged.

Paragraphs 624.1(a)(5) and (6) are amended to read as follows:

(5) a request made by a permittee in conformance with the provisions of section 621.13(d) of this Title (based on department staff's proposed modification, suspension or revocation of a permit); except, where the basis for modification, suspension or revocation is founded on matters which, in whole or in substantial part, constitute a violation of the ECL, its implementing regulations, an order[,] or permit, as defined herein, [license or other entitlement] issued by the department. In such cases the provisions of Part 622 of this Title govern;

(6) any circumstance comparable to those set forth in paragraph (1), (2), (3), (4) or (5) of this subdivision which arises out of any permit[s], as defined herein, [licenses or other entitlements] that [are] is not subject to ECL article 70 or Part 621 of this Title. The circumstances where this Part applies include, but are not limited to, permits for aquatic pesticide applications, the registration of pesticides, oil and gas well spacing variances, oil facility certifications and water supply rate disputes.

Subdivision 624.1(b) through subdivision 624.2(a) remain unchanged.

Subdivision 624.2(b) is amended to read as follows:

(b) 'Administrative law judge' or [(]'ALJ'[)] means the commissioner's representative who conducts the hearing.

Subdivisions 624.2(c) through 624.2(f) remain unchanged.

Subdivision 624.2(g) is amended to read as follows:

(g) 'CPLR' means the [New York State] Civil Practice Law[s] and Rules.

Subdivisions 624.2(h) through 624.2(j) remain unchanged.

Subdivisions 624.2(k) and 624.2(l) are amended to read as follows:

(k) 'Department staff' means those department personnel participating in the hearing, but does not include the commissioner, any personnel of the Office of Hearings and Mediation Services, the ALJ or [those]any person advising or consulting with [them] the commissioner or ALJ.

(l) 'Discovery' means disclosure of facts, [titles,] documents, or other things [which are in the exclusive knowledge] that are known by or in the possession of a [party] person and [which] that are material and necessary to the person requesting the [discovery] disclosure as a part of the requester's case.

Subdivision 624.2(m) remains unchanged.

Subdivision 624.2(n) is amended to read as follows:

(n) 'ECL' means the [New York State] Environmental Conservation Law.

Subdivision 624.2(o) remains unchanged.

Subdivision 624.2(p) is amended to read as follows:

(p) 'Evidence' means sworn or affirmed testimony of [a] witnesses, and physical objects, documents, records or photographs [representative of facts which have been admitted into the record by the ALJ] that tend to prove or disprove the existence of an alleged fact.

Subdivisions 624.2(q) and 624.2(r) remain unchanged.

Subdivision 624.2(s) is amended to read as follows:

(s) 'Interrogatories' means written questions regarding the [case which] proceeding that are served by a party on an adversarial party[,]. [which the adversary must then a] Answers to interrogatories shall be in writing and made under oath.

Subdivisions 624.2(t) and 624.2(u) remain unchanged.

Subdivisions 624.2(v), 624.2(w) and 624.2(x) are amended to read as follows:

(v) 'Office of Hearings and Mediation Services' means the office within the department principally responsible for conducting adjudicatory hearings and providing mediation services.

(w) 'Party' means any person granted full party status or amicus status in the adjudicatory portion of the hearing according to the procedures and standards set forth in section 624.5 of this Part but does not include the ALJ, the Office of Hearings and Mediation Services, or the commissioner.

(x) 'Permit' means any permit, certificate, license, registration or other form of department approval, other than an enforcement order, issued in connection with any regulatory program administered by the department.

Subdivision 624.2(x) remains unchanged.

Subdivision 624.2(y) is amended to read as follows:

(y) 'Person' means any individual, public or private corporation, limited liability company, bi-state authority, political subdivision, government agency, department or bureau of the State, municipality, industry, [co]partnership, association, firm, trust, estate or any legal entity whatsoever.

Subdivisions 624.2(z) through 624.2(cc) remain unchanged.

Subdivisions 624.2(dd) through 624.2(gg) are amended to read as follows:

(dd) 'Report' means the ALJ's summary of the hearing record, including the ALJ's findings of fact, [and] conclusions of law and recommendations for the commissioner's consideration.

(ee) 'SAPA' means the [New York] State Administrative Procedure Act.

(ff) 'SEQRA' means the [New York] State Environmental Quality Review Act, article 8 of the ECL.

(gg) 'Service' means the delivery of a document to a [party or potential party] person by authorized means [or] and, where applicable, the filing of a document with the ALJ, the Office of Hearings and Mediation Services or the commissioner.

Subdivisions 624.2(hh) through 624.2(jj) remain unchanged.

Subdivision 624.2(kk) is amended to read as follows:

(kk) 'UPA' means the [New York State] Uniform Procedures Act, article 70 of the ECL.

Section 624.3 to subdivision 624.3(a) remain unchanged.

Subdivisions 624.3(a) and 624.3(b) are amended to read as follows:

(a) 'When notice is required.' Unless otherwise provided by statute or regulation, the Office of Hearings and Mediation Services must publish notice of the hearing in the ENB, and provide notice to the applicant and to persons who have made written request to participate. The applicant must provide for and bear the cost of publication of the notice in a newspaper having general circulation in the area within which the proposed project is located. The notices in the ENB and the newspaper must be published at least once and not less than 21 calendar days prior to the hearing date. In the case of applications involving State Pollutant Discharge Elimination System (SPDES) permits, revisions to the State implementation plan, federally delegated air permits, and Hazardous Waste Management Facility (HWMF) permits, and Remedial Action Plans (RAPs), the notice must be published at least 30 days prior to the hearing date. In addition, public notice by means of radio is required for hearings on all HWMF permits or RAP applications. These requirements are minimums and the ALJ shall direct the applicant to provide additional notice or to provide the notice further in advance of the hearing where the ALJ finds it necessary to do so in order to adequately inform the potentially affected public about the hearing. Where the ALJ finds that a large segment of the potentially affected public has a principal language other than English, he or she shall direct the publication of the notice in a foreign language newspaper(s) serving such people. Nothing herein shall authorize the ALJ to delay the commencement of the hearing beyond the deadlines established in UPA without the applicant's consent.

(b) 'Required contents of notice.' The notice must be in the form specified by the Office of Hearings and Mediation Services and must contain the following information:

Paragraph 624.3(b)(1) through paragraph 624.6(a)(1) remain unchanged.

Paragraph 624.6(a)(2) through paragraph 624.6(b)(1) are amended to read as follows:

(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) [Computation of time will be according to t]The rules of [the New York State] General Construction Law sections 20 and 25-a govern the computation of time limits.

Paragraph 624.6(b)(2) to paragraph 624.6(c)(1) remain unchanged.

Paragraph 624.6(c)(1) is amended to read as follows:

(1) Motions and requests made at any time [are] 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.

Paragraph 624.6(c)(2) through paragraph 624.6(c)(4) remain unchanged.

Subdivision 624.6(d) is amended to read as follows:

(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.

Subdivision 624.6(e) remains unchanged.

Subdivision 624.6(f) is amended to read as follows:

(f) [Tape recording or televising the adjudicatory hearing for rebroadcast is prohibited by] Consistent with section 52 of the [New York State] 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 .

Subdivision 624.6(g) through subparagraph 624.8(b)(2)(iv) remain unchanged.

Paragraph 624.8(b)(3) is amended to read as follows:

(3) The designation of an ALJ as the commissioner's representative must be in writing and filed in the Office of Hearings and Mediation Services.

Subdivision 624.8(c) through subdivision 624.10(a) remain unchanged.

Subdivision 624.10(b) is amended to read as follows:

(b) An ALJ may consult on questions of law or procedures with supervisors or other staff of the Office of Hearings and Mediation Services, provided that such supervisors or staff have not been engaged in investigative or prosecutorial functions in connection with the adjudicatory proceeding under consideration or a factually related adjudicatory proceeding.

Subdivision 624.10(c) through section 624.13 remain unchanged.

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