N.Y. Comp. Codes R. & Regs. tit. 6 § 624.13

Current through Register Vol. 46, No. 45, November 2, 2024

Section 624.13 - Final decision

(a) 'Hearing report.'

(1) The ALJ will submit a hearing report to the commissioner within forty-five (45) days after the close of the record. The report must include findings of fact, conclusions of law and recommendations on all issues before the ALJ.

(2) The hearing report will be circulated to the parties as a recommended decision when:

(i) required by law; or

(ii) directed by the commissioner.

(3) All parties to the evidentiary hearing have fourteen (14) days after receipt of the recommended decision to submit comments to the commissioner, unless the time is lengthened by the ALJ or commissioner.

(b) 'Final decisions.'

(1) Where a recommended decision has not been issued, the final decision of the commissioner, together with the hearing report of the ALJ will be issued sixty (60) days after the close of the record.

(2) Where a recommended decision has been issued, the final decision of the commissioner will be issued within thirty (30) days after the close of the record, such event occurring at the expiration of the time allowed for comment on the recommended decision.

(c) 'Proceedings involving environmental impact statements.'

(1) Where the department is the lead agency as defined in Part 617 of this Title and a DEIS has been the subject of the evidentiary hearing, the hearing report together with the DEIS will constitute the FEIS.

(2) Where the department is the lead agency as defined in Part 617 of this Title and a DEIS has been the subject of the evidentiary hearing, the final decision of the commissioner will include a written findings statement required by section 617.11 of this Title. The final decision will not become effective until at least ten (10) days following the issuance of the final decision, hearing report and FEIS.

(3) Where the department is an involved agency as defined in Part 617 of this Title and the action has been the subject of a FEIS, the final decision of the commissioner will include a findings statement pursuant to section 617.11 of this Title.

(4) The commissioner's final decision and findings statement, hearing report and FEIS will be filed and distributed as required by section 617.12 of this Title.

(d) 'Stipulations.' A stipulation executed by all parties resolving any or all issues removes such issue(s) from further consideration in the adjudicatory proceeding. Within five (5) days of the execution of the stipulation, applicant must serve a copy of the fully executed stipulation on all parties and file a copy of the fully executed stipulation with the ALJ.

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

N.Y. Comp. Codes R. & Regs. Tit. 6 § 624.13

Adopted New York State Register August 21, 2024/Volume XLVI, Issue 34, eff. 8/21/2024