* § 145. Conduct of the hearing. 1. The hearing shall be conducted by the presiding examiner appointed by the department of public service. An associate hearing examiner shall be appointed by the department of environmental conservation prior to the date set for commencement of the public hearing. His primary responsibility during the pendency of the proceeding shall be to attend hearings and otherwise participate as associate examiner in such proceeding. The associate examiner shall attend all hearings as scheduled by the presiding examiner and inquire into and call for testimony concerning relevant and material matters. The conclusions and recommendations of the associate examiner shall be incorporated in the recommended decision of the presiding examiner, unless the associate examiner prefers to submit a separate report of dissenting or concurring conclusions and recommendations. The testimony presented at such hearing may be presented in writing or orally, provided that the commission may make rules designed to exclude repetitive, redundant or irrelevant testimony. Any governmental agency receiving a request for evidence from a hearing examiner shall comply promptly therewith. A record shall be made of the hearing and of all testimony taken and the cross-examinations thereon. The rules of evidence applicable to proceedings before a court shall not apply. The presiding examiner may provide for the consolidation of the representation of parties, other than governmental bodies or agencies, having similar interests. In the case of such a consolidation, the right to counsel to its own choosing shall be preserved to each party to the proceeding provided that the consolidated group may be required to be heard through such reasonable number of counsel as the presiding examiner shall determine. Appropriate regulations may be issued by the commission to provide for prehearing discovery procedures by parties to the proceeding and for consolidation of the representation of parties.

Terms Used In N.Y. Public Service Law 145*2

  • Board: means the New York state board on electric generation siting and the environment, which shall be in the department of public service and consist of five persons, one of whom shall be the chairman of the public service commission, who shall serve as chairman of the board, one of whom shall be the commissioner of environmental conservation, one of whom shall be the commissioner of health, one of whom shall be the commissioner of commerce and one of whom shall be an ad hoc member appointed by the governor, who shall be a resident of the judicial district in which the facility as primarily proposed is to be located. See N.Y. Public Service Law 140*2
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • 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.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Major steam electric generating facility: means a steam electric generating facility with a generating capacity of fifty thousand kilowatts or more. See N.Y. Public Service Law 140*2
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

2. A copy of the record shall be made available by the commission at all reasonable times for examination by the public.

3. The presiding examiner shall cause proffered testimony to be received on alternate site and source proposals provided notice of the intent to submit such testimony shall be given within such period as the commission shall prescribe by regulation, which period shall be not less than thirty nor more than sixty days after the commencement of the hearing. Nevertheless, in its discretion, the board or the commission may thereafter cause to be considered other potential sites and sources and cause testimony to be accepted thereon.

4. The chairman of the commission may enter into an agreement with any agency or department of the United States having concurrent jurisdiction over all or part of the location, construction, or operation of a major steam electric generating facility subject to this article with respect to providing for a joint hearing of common issues on a combined record, provided that such agreement shall not diminish the rights accorded to any party under this article.

* NB Expired January 1, 1979

* NB Operative with regard to applications filed on or before December

31, 1978

* NB There are 2 § 145's

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