N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 1100-8.2

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

Section 1100-8.2 - Notice of hearing

(a)When notice is required. Unless otherwise provided by statute or regulation, the Office of Hearings shall publish notice of a public comment hearing (as set forth in section 1100-8.1(b) of this Part) or adjudicatory hearing on the Office's website and provide notice to the applicant and to persons who have made written request to participate. The applicant shall 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 notice shall be published at least once, and not less than twenty-one (21) days prior to the hearing date. These requirements are minimums and the assigned 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, the ALJ shall direct the publication of the notice in a foreign language newspaper(s) serving such persons. Nothing herein shall authorize the ALJ to delay the commencement of the hearing beyond the deadlines established in this Part without the applicant's consent.

(b)Required contents of notice. The notice shall be in the form specified by the Office and shall contain the following information:

(1) The date of issuance of the notice of hearing, the date of the notice of complete application, and the date of publication of the draft siting permit conditions or statement of intent to deny;

(2) The date, time, location and purpose of the hearing and any pre-hearing conference, if scheduled. The location shall be in the Town, Village or City in which the project is located, as reasonably near the project site as practicable, depending upon the availability of suitable venues. However, another location may be selected based on the convenience of parties and witnesses at the discretion of the ALJ;

(3) The name and address of the applicant or permittee;

(4) That the application is seeking a siting permit, with citations to applicable article VIII of the Public Service Law and this Part 1100;

(5) A description of the project;

(6) The accessibility and location for review of the available application materials, and the draft siting permit conditions or statement of intent to deny.

(c)Optional contents. The notice may also specify the issues of concern to the ORES and the public.

(d)Combined notice of availability of draft permit conditions or statement of intent to deny, public comment period and public comment hearing, and issues determination. In addition to the contents of a notice required by subdivision (b) and (c) of this section, the combined notice shall contain the following information:

(1) The deadline and instructions for filing public comments on the draft permit conditions or statement of intent to deny by mail or at a public comment hearing, and of the provisions for their review. The period for filing public comments shall be a minimum of sixty (60) days from the date of issuance of the combined notice;

(2) The date, time, and location of the public comment hearing scheduled pursuant to section 1100-8.3(a) of this Part;

(3) Notice of commencement of the issues determination procedure required by section 1100-8.3(b) of this Part and instructions for filing a petition for party status pursuant to section 11008.4 of this Part. The period for filing a petition for party status shall be a minimum of sixty (60) days from the date of issuance of the combined notice; and

(4) The deadline and instructions to municipalities to file the statement of compliance with local laws and regulations required by section 1100-8.4(d) of this Part.

(e)Service on specific persons. Not less than twenty-one (21) days prior to the hearing date, individual copies of the notice shall be sent to the chief executive officer of any municipality in which any part of the project is located, or municipality which may be adversely impacted by the project and such other persons as the Office deems to have an interest in the application. The ALJ shall direct the applicant to provide notice further in advance of the hearing to those persons specified in this subdivision where the ALJ finds it necessary to do so in order to adequately inform them about the hearing. Nothing herein shall authorize the ALJ to delay the commencement of the hearing beyond the deadlines established in this Part without the applicant's consent.

N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 1100-8.2

Transferred from 900-8.2 New York State Register July 17, 2024/Volume XLVI, Issue 29, eff. 6/26/2024