N.Y. Comp. Codes R. & Regs. tit. 6 § 658.4

Current through Register Vol. 46, No. 50, December 11, 2024

Section 658.4 - Pleadings

(a) A complaint may be served with the notice of hearing. Any allegation thereof not denied in a verified answer or stricken out or precluded on motion or negated by an inconsistent allegation in a reply or bill of particulars may be found as fact or provide the basis for a finding of fact.

(b) Prior to or on the return day of the notice of hearing, the respondent shall file, in triplicate, with the commissioner an answer signed by the respondent or his attorney; provided, however, that the commissioner or the hearing officer may order that the hearing be held without requiring an answer or other response.

(c) Such answer may contain a statement of the facts which constitute the grounds of defense, and may admit, deny or explain each of the allegations of the charges as set forth and refer to the same by paragraph number, unless the respondent is without knowledge, in which case the answer may so state.

(d) The answer may incorporate therein a statement setting forth the methods, practices and procedures, if any, which are being taken to prevent discharges of pollutants into the waters of the State or the sewer or sewage disposal system which ultimately empties into said waters, provided such statement consists only of allegations of fact. A separate statement insofar as it may be factual shall be deemed a pleading concurrent in time with the answer.

(e) Allegations of new matter in a verified pleading subsequent to the complaint will be deemed admitted unless denied in a subsequent pleading. Allegations of new matter in an unverified pleading subsequent to the complaint will be deemed traversed.

(f) The hearing officer in his discretion may order service of any additional pleading or pleadings upon his own initiative or upon the application of any party. All pleadings so ordered shall be verified.

(g) All pleadings shall conform as nearly as practicable with the Civil Practice Law and Rules.

(h) Unless otherwise ordered, any pleading subsequent to the answer shall be served within 10 days after service of the pleading to which it is responsive.

(i) A party may serve upon any other party an itemized written demand for a verified bill of any particulars of a pleading, such bill to be furnishd within 10 days.

(j) The answer may contain a waiver of hearing, in which case there shall be attached to the answer (1) an offer to enter into a stipulation or consent order, and (2) a proposed stipulation of facts which if agreed to by all the parties with the approval of the hearing officer shall become part of the record of the hearing.

(k) The admission, in the answer or by failure to file an answer, of all the material allegations of fact contained in the charges shall constitute a waiver of hearing. Upon such admission of facts, the hearing officer, without further investigation or hearing, shall prepare his report, findings of fact, conclusions and recommendations.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 658.4