N.Y. Comp. Codes R. & Regs. tit. 9 § 580.6

Current through Register Vol. 46, No. 45, November 2, 2024

Section 580.6 - Duty of the agency staff

(a) The agency staff shall present evidence concerning the pertinent development considerations and the other required findings of section 809(9) or section 809(10) of the Adirondack Park Agency Act, the Wild, Scenic and Recreational Rivers System Act, section 814 of the Adirondack Park Agency Act, or other applicable provisions of these regulations. The agency staff, while not a party to the hearing, shall have the right to participate fully in the hearing and shall act as an advocate for a full and complete record upon which an informed decision can be made. The staff is not required to assume the project sponsor's burden of proof.

(b) The agency staff shall state at the outset of the hearing which of the development considerations and other required findings it considers pertinent to the project and shall briefly outline the evidence it intends to present.

(c) Upon a sufficient showing by any person or party made at any time during the hearing, or on his own motion, the hearing officer may order the agency staff to produce evidence with respect to any of the development considerations or other required findings.

(d) The agency staff shall assist any uncounselled sponsor of a minor project in entering his application and supporting evidence on the record.

(e) Any documents required to be served upon a party shall also be served upon the agency staff.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 580.6