N.Y. Comp. Codes R. & Regs. tit. 9 § 580.18

Current through Register Vol. 46, No. 22, May 29, 2024

Section 580.18 - Agency determination and order

(a) The agency staff may summarize the record of any hearing for the aid of the agency. The parties participating in the hearing shall be provided an opportunity to make written comment with respect to the completeness of the summary. Comments shall be directed to the record and shall not consist of argument or reference to matters outside the record.

(b) Agency members deliberating and voting on a project may communicate with other members of the agency and may have the aid and advice of agency staff other than staff which has been or is engaged in the investigative or litigating functions in connection with the review of the project or any factually related matters.

(c) The decision, determination or order shall be in writing or stated in the minutes required by section 587.2(e) of these regulations, and shall include findings of fact and conclusions of law or reasons for the decision, determination or order. The making of findings of fact shall constitute a ruling upon each finding proposed by the parties.

(d) Unless otherwise ordered by the hearing officer or unless the parties stipulate to a longer period, the agency decision, determination or order shall be mailed on or before 60 calendar days after receipt by the agency of a complete record, as defined in section 302(1)(a)-(e) of the State Administrative Procedure Act.

(e) A copy of the decision, determination or order shall be delivered or mailed to each party and to his attorney of record.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 580.18