N.Y. Comp. Codes R. & Regs. tit. 9 § 580.11

Current through Register Vol. 46, No. 25, June 18, 2024

Section 580.11 - Pleadings; motions

(a) Notice of hearing. The notice of hearing and all documentary proof of notice, the application and all supporting documents shall be deemed admitted, subject to a motion to strike, made before the close of the hearing. Upon a motion to strike the notice of hearing or any documentary proof of notice, the hearing officer may direct the agency staff to present testimony concerning notice.

(b) The burden shall be on the project sponsor to present testimony concerning the matters alleged in the application.

(c) Motions. Applications to the hearing officer for rulings, orders or determinations, including requests to recommend that the application be approved, approved on stated conditions, or disapproved, may be made orally during the hearing or in writing. The hearing officer shall give all parties an opportunity to respond thereto.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 580.11