N.Y. Comp. Codes R. & Regs. tit. 9 § 581-4.5

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

Section 581-4.5 - Parties

(a) Parties to the hearing shall include the executive director and the respondent(s) and/or permit holder(s).

(b) At any time after the institution of a proceeding and prior to close of the hearing, the hearing officer may permit a person to intervene as a party where it is demonstrated that there is a reasonable likelihood that the petitioner's private rights would be substantially affected by the result sought by the executive director or within the authority of the agency to determine and that those rights cannot be adequately represented by the executive director, the respondent and/or permit holder, or any other party to the proceeding. In addition, the hearing officer may permit a person to intervene as a party with amicus status upon a finding that the petitioner has identified a legal or policy issue that should be addressed in the hearing and in the final determination of the agency and that the petitioner has a sufficient interest in such issue and through expertise, special knowledge or unique perspective may contribute materially to the record on such issue.

(c) A party has the right to participate at the hearing in person or through an attorney licensed in the State of New York to present relevant evidence, to cross-examine witnesses, to present argument on issues of law and fact, and to exercise any other right conferred on the parties by this Subpart or SAPA. A party with amicus status has the right to file a brief at the conclusion of the hearing.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 581-4.5