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N.Y. Environmental Conservation Law § 33-0717

Public hearing regarding registration

2014-09-22

§ 33-0717. Public hearing regarding registration.\n In the event a hearing is requested, the commissioner shall, after due\nnotice, hold a public hearing for the purpose of receiving evidence\nrelevant and material to the issues raised by the objections. Any\nreport, recommendations, underlying data, and reasons certified to the\ncommissioner by an advisory committee shall be made a part of the record\nof the hearing, if relevant and material. Upon request of the\ncommissioner, petitioner, or hearing officer, the advisory committee\nshall designate one of its members to appear and testify at the hearing\nwith respect to its report and recommendations. However, any other\nmember of the advisory committee may also appear and testify at the\nhearing. As soon as practicable after completion of the hearing, the\ncommissioner shall evaluate the data and reports before him, act upon\nthe objections and issue an order granting, denying, or canceling the\nregistration. Such order shall be based only on substantial evidence of\nrecord at such hearing, including any report, recommendations,\nunderlying data, and reason certified to the commissioner by an advisory\ncommittee, and shall set forth detailed findings of fact upon which the\norder is based. In connection with consideration of any registration or\napplication for registration under this section, the commissioner may\nconsult with any federal agency or any other state department or agency.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.