N.Y. Executive Law 812 – Public hearings
§ 812. Public hearings. 1. Public hearings authorized or required by section eight hundred nine to be held by the agency in connection with the review of projects shall be conducted as provided in this section, the applicable project review rules and regulations of the agency adopted under subdivision fourteen of such section, and the state administrative procedure act.
Terms Used In N.Y. Executive Law 812
- Agency: means the Adirondack park agency created by section eight hundred three of this article. See N.Y. Executive Law 802
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: means any individual, corporation, partnership, association, trustee, municipality or other legal entity, but shall not include the state or any state agency. See N.Y. Executive Law 802
- Project: means any new land use and development or subdivision of land that is subject to the review jurisdiction of either the agency or local government under this article. See N.Y. Executive Law 802
- Project sponsor: means any person making application to the agency, or a local government for the review of a project. See N.Y. Executive Law 802
- State: means the state of New York. See N.Y. Executive Law 802
- subdivision: means any division of land into two or more lots, parcels or sites, whether adjoining or not, for the purpose of sale, lease, license or any form of separate ownership or occupancy (including any grading, road construction, installation of utilities or other improvements or any other land use and development preparatory or incidental to any such division) by any person or by any other person controlled by, under common control with or controlling such person or by any group of persons acting in concert as part of a common scheme or plan. See N.Y. Executive Law 802
2. Notice of such public hearings shall be given as required in section eight hundred nine. Individual notices of hearing required under such section shall be served by mail in the manner required by section eight hundred nine of this article to the last known address of such individuals. Individual notice of hearing shall also be so served on any other person or agency, public or private, as may be required under the agency's project review rules and regulations.
3. Parties to a public hearing shall be the project sponsor and any person or agency entitled to individual notice and any other person or agency as may be authorized under the agency's project review rules and regulations.
4. The public hearing may, if authorized by the agency's project review rules and regulations, be conducted by any member or designee of the agency, but any findings, decision, order, permit or certificate of the agency shall be adopted by the agency, all members voting having familiarized themselves with the record.
5. The agency, or member or designee thereof presiding at the hearing shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.
6. The parties shall be afforded the opportunity to present evidence and argument and, in the case of the project sponsor, any person or agency entitled by law to individual notice and any other public agency, to cross-examine witnesses on all relevant issues, but the member or designee presiding may impose reasonable limitations as to time and number of persons heard.
7. The agency shall keep a verbatim record of the proceedings and certified copies shall be made available, and for such reasonable charges, as may be provided by rule or regulation of the agency.