N.Y. Comp. Codes R. & Regs. tit. 6 § 624.2

Current through Register Vol. 46, No. 43, October 23, 2024

Section 624.2 - Requests for an adjudicatory proceeding

(a) In addition to the provisions of this Part, this section applies to a request for an adjudicatory proceeding pursuant to sections 621.10, 621.11 or 621.13 of this Title when a permit decision notification or notice of intent has been issued for a delegated permit and for a project requiring both delegated and other permits, and the permit application was not the subject of an adjudicatory proceeding pursuant to this Part. At the discretion of the ALJ, the requirements of this section may be applied to requests for an adjudicatory proceeding involving permit decisions and notices of intent for other permits. Section 750-1.26 of this Title contains additional procedural requirements for adjudicatory proceedings only applicable to the State Pollution Discharge Elimination System (SPDES) program.

(b) An applicant requesting an adjudicatory proceeding must, within the time frames set out in sections 621.10, 621.11 and 621.13 of this Title for making such requests, submit a request for an adjudicatory proceeding. A copy of the request for an adjudicatory proceeding must be submitted in writing to the Chief ALJ of the Office of Hearings and Mediation Services pursuant to subdivisions 621.10(h), 621.11(g) and 621.13(d) of Part 621 of this Title. An applicant requesting an adjudicatory proceeding on a SPDES permit covered by section 750-1.26 of this Title must also comply with that section within the time frames set out in sections 621.10, 621.11 and 621.13 of this Title for making such requests for an adjudicatory proceeding.

(c) 'Statement of issues.' Applicant must submit a statement of issues the applicant intends to raise with respect to any determination of the department at the same time as petitions for party status are due or an earlier date set in the exercise of the ALJ's discretion. The statement of issues must:

(1) identify issues for adjudication that meet the criteria of subdivision 624.4(c) of this Part;

(2) present a statement of material facts sought to be adjudicated at the evidentiary hearing and an offer of proof specifying the witness(es), each witness's qualifications, the nature of the evidence the applicant expects to present at the evidentiary hearing and the grounds upon which the assertion is made with respect to each issue;

(3) for requests for an adjudicatory proceeding that involve a draft permit, include a demonstration that the applicant raised its objections to the draft permit prior to the request for an adjudicatory proceeding; and

(4) identify the permit conditions that are contested.

(d) Within twenty (20) days of receipt of applicant's request for an adjudicatory proceeding, department staff must refer the permit application and permit decision notification or notice of intent to the Office of Hearings and Mediation Services with a completed referral form.

The referral must include the administrative record. The referral must be served on the applicant pursuant to subdivision 624.6(a) of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 624.2

Amended New York State Register September 16, 2020/Volume XLII, Issue 37, eff. 9/16/2020

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