N.Y. Comp. Codes R. & Regs. tit. 16 § 4.10

Current through Register Vol. 46, No. 50, December 11, 2024

Section 4.10 - Exceptions

(a) If a recommended decision is issued for exceptions, each party may file a brief on exceptions and a brief opposing exceptions, but the secretary may determine that briefs opposing exceptions will not be entertained. Unless otherwise specifically authorized by the secretary for the purpose of promoting the fair, orderly, and efficient conduct of the case, pleadings additional to those authorized by this section will not be entertained.

(b) Briefs on exceptions may be filed within 20 days of the issuance of the recommended decision, and briefs opposing exceptions may be filed within 15 days thereafter. The secretary may extend or curtail these time limits at the request of a party or on the secretary's own motion.

(c)

(1) In addition to meeting the requirements of this subdivision, briefs on exceptions and briefs opposing exceptions shall comply with the requirements of section 3.5 of this Title and section 4.8 of this Part. They shall be self-contained, and may not incorporate earlier pleadings by reference.

(2) A brief on exceptions shall contain:

(i) a short statement of the case;

(ii) a summary of the party's basic position;

(iii) the grounds on which the exceptions rest; and

(iv) the argument in support of the exceptions, including references to the record and to authorities relied on. The argumentation should not simply reiterate the party's position, but should explain why the party believes the recommended decision to be in error.

(3) A brief opposing exceptions shall be directed only at exceptions raised by other parties, and may not raise issues not raised on exceptions. It shall identify each exception replied to.

(4) If only a brief on exceptions is authorized, it may not exceed 50 pages. If briefs on exceptions and opposing exceptions are authorized, they may not exceed 100 pages in total. The secretary may modify these page limitations at the request of a party or on the secretary's own motion.

(d)

(1) All recommended decisions shall be subject to review by the commission, in whole or in part, regardless of whether exceptions have been filed.

(2) A party's failure to except with respect to any issue shall constitute a waiver of any objection to the recommended decision's resolution of that issue. If the commission adopts the recommended resolution, a party that has not excepted may not seek a different resolution of that issue on rehearing.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 4.10