N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 1100-8.12

Current through Register Vol. 46, No. 53, December 31, 2024

Section 1100-8.12 - Final decision

(a)Recommended decision and hearing report.

(1) The ALJ shall issue a recommended decision and hearing report to the Executive Director and the parties within forty-five (45) days after the close of the record. The report shall include findings of fact, conclusions of law and recommendations on all issues before the ALJ.

(2) All parties to the proceeding have fourteen (14) days after receipt of the recommended decision and hearing report to file comments with the Executive Director. The Executive Director has the sole discretion to authorize responses to comments and any further responsive filings.

(3) Office Staff has fourteen (14) days after receipt of the recommended decision and hearing report to submit to the Executive Director a written summary and assessment of public comments received during the public comment period on issues not otherwise addressed in the recommended decision and hearing report.

(b)Stipulations. A stipulation executed by all parties resolving any or all issues removes such issue(s) from further consideration in the proceeding. Within five (5) days of the execution of a stipulation, the applicant shall serve a copy of the fully executed stipulation on all parties and file a copy of the fully executed stipulation with the ALJ. Upon receipt of an executed stipulation that resolves all issues in the proceeding, the ALJ shall close the proceeding and remand the matter to Office Staff to continue processing the application to issue the requested siting permit.

(c)Final decision. The final decision of the Executive Director shall be issued within thirty (30) days after receipt of all comments on the recommended decision and hearing report.

(d)Reopening the record. At any time prior to issuing the final decision, the Executive Director or the ALJ may direct that the hearing record be reopened to consider significant new evidence.

N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 1100-8.12

Transferred from 900-8.12 New York State Register July 17, 2024/Volume XLVI, Issue 29, eff. 6/26/2024