Title 9 Part 580 NYCRR — browse free

You’re browsing Title 9 — free.

Read the source-transparency report →Create a free account (no card) to open all 23 titles →

Compiled text through Sep 15, 2021Register checked through July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)

All 20 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 580.0 - [Repealed]

Repealed or removed in compiled source

The compiled source records this section as repealed. We hold the witnessed tombstone record; see the source for details.

Dates and status

Compiling agency: Executive Department
Text status: Source-only entry
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Latest notice: DOS-32-17-00002-P · Proposed rule · Aug 9, 2017
Source snapshot: Jun 6, 2026

9 NYCRR 580.1 - Applicability of this Part

No later Register activity identified in this check.

Top

Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Latest notice: DOS-32-17-00002-P · Proposed rule · Aug 9, 2017
Source snapshot: Jun 6, 2026

(a)Except as provided in subdivision (b) of this section, this Part applies to public hearings held on all projects.

(b)This Part does not apply to public hearings on variances where no agency permit is required, or to public hearings on projects requiring variances which are held solely to consider the variance request. Such hearings will be held in accordance with section 576.5 of this Title.

(c)Except as required by article 3 of the State Administrative Procedure Act, the agency staff is authorized to waive any or all of the procedural provisions of this Part in the case of single family dwellings, mobile homes or subdivisions of land involving less than five lots, parcels or sites. Hearings on such projects shall be as informal as possible.

9 NYCRR 580.2 - Determination to conduct public hearing

No later Register activity identified in this check.

Top

Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Latest notice: DOS-32-17-00002-P · Proposed rule · Aug 9, 2017
Source snapshot: Jun 6, 2026

(a)Criteria.

The criteria employed in determining whether to conduct a public hearing include:

(1)the size and/or complexity of the project, whether measured by cost, area, effect upon municipalities, or uniqueness of resources likely to be affected;

(2)the degree of public interest in the project, as evidenced by communication from the general public, governmental officials or private organizations;

(3)the presence of significant issues relating to the criteria for approval of the project;

(4)the possibility that the project can only be approved if major modifications are made or substantial conditions are imposed;

(5)the possibility that information presented at a public hearing would be of assistance to the agency in its review;

(6)the extent of public involvement achieved by other means;

(7)whether an environmental impact statement will be prepared pursuant to the State Environmental Quality Review Act; and

(8)the statutory finding required by section 814(2) of the Adirondack Park Agency Act in the case of State agency projects reviewed thereunder.

(b)When determination made.

The agency will make the determination not later than 60 calendar days (or, in the case of minor projects, 45 calendar days) following notification that the application is complete. A determination may be made prior to such notification with the agreement of the project sponsor.

(c)Delegation of determination.

The agency may, in any particular case, delegate the authority to determine to hold a public hearing, or to cancel or not schedule a hearing and approve a project upon specified conditions, to the chairman, executive director or the deputy director-regulatory programs.

(d)Notification of determination; opportunity for submission of new application.

The notification that a public hearing will be held shall state that the project sponsor may submit a new application. The hearing shall not be held or scheduled until the 15th day following the notification, unless such period is waived in writing by the project sponsor. If a new application is submitted, the agency shall reconsider its determination to hold a public hearing.

(e)If a hearing is to be held, a summary of hearing procedures shall be made available to the project sponsor and any other person on request.

9 NYCRR 580.3 - Limitation of issues

No later Register activity identified in this check.

Top

Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Latest notice: DOS-32-17-00002-P · Proposed rule · Aug 9, 2017
Source snapshot: Jun 6, 2026

The agency may determine to limit the issues to be considered at the hearing, in which case it will advise the project sponsor of its determination and the notice of hearing will specify the issues to be considered.

9 NYCRR 580.4 - Notice of public hearing

No later Register activity identified in this check.

Top

Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Latest notice: DOS-32-17-00002-P · Proposed rule · Aug 9, 2017
Source snapshot: Jul 8, 2026

(a)Contents.

The notice of public hearing shall include:

(1)the time and place of the hearing;

(2)the authority pursuant to which the hearing is held;

(3)the name of the project sponsor;

(4)a brief description of the location, nature and scope of the project;

(5)if the project requires a variance from the shoreline restrictions of section 806 of the Adirondack Park Agency Act or of Part 577 of this Title, the type and degree of variance required;

(6)unless the agency has limited the issues to be considered pursuant to section 580.3 of this Part, the major issues likely to be considered at the hearing;

(7)a statement that the application and supporting materials are available for public inspection pursuant to Part 587 of this Title;

(8)a statement that any person may speak or submit a written statement; and

(9)a statement that any person (other than those listed in this subdivision and subdivision [b] of this section) who desires to become a party to the hearing in order to present evidence and cross-examine witnesses must comply with the procedures set forth in section 580.7 of this Part.

(b)To whom sent.

Notice of public hearing shall be given:

(1)by sending a copy of the notice, by certified mail, to the project sponsor;

(2)by sending a copy of the notice, by certified mail, to each owner of record of the land involved;

(3)by sending a copy of the notice, by mail, to:

(i)the Adirondack Park local government review board;

(ii)the chairman of the county, town or village planning board or agency, if any; the clerk of the county, town or village; the supervisor of the town and, if applicable, the mayor of the village, wherein the project is proposed to be located;

(iii)the chairman of the appropriate regional planning board;

(iv)any landowners within 500 feet of any border of the property (to the extent reasonably discernible from the latest completed tax assessment roll);

(v)the clerk of any town or village within 500 feet of the land involved;

(4)by publication of a copy of the notice, at least once, in a newspaper having general circulation in the area;

(5)by conspicuous posting, on the land involved, of a notice of the time, date, place of the hearing;

(6)by sending a copy of the notice by mail to the environmental notice bulletin for publication therein, and to any person or State agency which has previously filed with the agency, in January of the current year, a written request for individual notice of the particular hearing, or of hearings on particular types of projects, or those to be located in particular places or types of places, in accordance with the terms of the request; and

(7)by sending a copy of the notice by mail to any person upon request and to such other persons as the agency determines.

(c)The notices referred to in paragraphs (b)(1), (2), (3) and (6) of this section shall be mailed at least 15 days in advance of the hearing. The publication and posting requirements of paragraphs (b)(4) and (5) shall be complied with at least 10 days in advance of the hearing.

9 NYCRR 580.5 - Parties to the hearing

No later Register activity identified in this check.

Top

Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Latest notice: DOS-32-17-00002-P · Proposed rule · Aug 9, 2017
Source snapshot: Jun 6, 2026

In addition to the project sponsor and the persons named in section 809(3)(e) of the Adirondack Park Agency Act, the parties to the hearing shall be:

(a)any State agency;

(b)any person receiving individual notice pursuant to section 580.4(b)(3) of this Part; and

(c)persons granted intervention pursuant to section 580.7 of this Part.

9 NYCRR 580.6 - Duty of the agency staff

No later Register activity identified in this check.

Top

Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Latest notice: DOS-32-17-00002-P · Proposed rule · Aug 9, 2017
Source snapshot: Jun 6, 2026

(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.

9 NYCRR 580.7 - Intervention

No later Register activity identified in this check.

Top

Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Latest notice: DOS-32-17-00002-P · Proposed rule · Aug 9, 2017
Source snapshot: Jun 6, 2026

(a)Any person may seek to become a party in order to present evidence, cross-examine witnesses, and otherwise participate in a public hearing by filing a written petition with the executive director or, if he has been selected at the time of its filing, the hearing officer. The petition shall be filed prior to the commencement of the hearing and shall:

(1)if submitted by an organization, state the nature and purpose of the organization, number of members, organizational structure, history of formation and legal nature, and include a copy of any charter, certificate of incorporation, bylaws, constitution or the like;

(2)demonstrate capacity to participate in administrative proceedings and to supply information or expertise relative to matters likely to be considered at the hearing;

(3)state whether the petitioner has participated in any previous legal or administrative proceedings similar to those conducted by the agency;

(4)state the petitioner's relationship to the matters involved, the nature of the evidence or argument he intends to present, and any other matter the petitioner believes relevant to granting the petition;

(5)demonstrate that the petitioner has a material social, economic or environmental interest which is likely to be affected by the agency decision concerning the project.

(b)The executive director or hearing officer may require additional information from the petitioner, including evidence in support of the petition and shall allow other parties to be heard with respect to the petition. He may conduct an inquiry into any issues arising from the petition, which will be made a part of the record of the hearing.

(c)The executive director or hearing officer shall grant or deny the petition within five business days of its receipt, or the receipt of such additional information or testimony as has been requested.

(d)The executive director or hearing officer shall grant the petition if he finds that the petitioner has an interest described in paragraph (a)(5) of this section, or that granting party status to the petitioner is necessary to or would further the purpose of the hearing.

(e)In granting the petition, the executive director or hearing officer may limit the participation of the petitioner to areas in which his expertise would prove beneficial or in which his interests may be affected.

(f)

(1)Any decision of the executive director or the hearing officer to grant or deny intervention may, within five days of receipt, be appealed to the agency, which will decide the appeal at its next regular meeting. Other parties may submit briefs in support of or in opposition to the decision.

(2)Notice of such appeal and a copy of all materials submitted in support thereof shall be given the executive director or hearing officer and all parties to the hearing. Upon receipt of notice of such an appeal, the hearing officer shall decide whether to adjourn the hearing, or to make such other order protecting the interests of the parties and the petitioner as justice requires, including an order that witnesses be recalled should the decision be reversed.

(g)The hearing officer may permit any person to petition for intervention at any time after the first day of the hearing and before the last day on which testimony is taken, if it is shown that reasonable cause exists for failure to file timely, that no party will be prejudiced, and that the participation of the petitioner is essential to an informed decision.

9 NYCRR 580.8 - Selection of hearing officer

No later Register activity identified in this check.

Top

Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Latest notice: DOS-32-17-00002-P · Proposed rule · Aug 9, 2017
Source snapshot: Jun 6, 2026

(a)The agency shall select a hearing officer as early as possible following its determination to hold a hearing. The hearing officer shall make full disclosure, as part of the record, of all information he deems relevant to the issue of bias or other disqualification.

(b)Any issue concerning the qualification of the hearing officer shall be resolved in a pre-hearing conference if possible. All parties shall be given sufficient opportunity to challenge his designation by filing the affidavit referred to in section 303 of the State Administrative Procedure Act with the executive director, on notice to the hearing officer and the other parties.

(c)Upon receipt of a copy of the affidavit, the hearing officer and the other parties to the hearing may submit responding similar affidavits concerning bias or disqualification. Failure to do so will be considered to mean that the selection of the hearing officer is acceptable to the party.

(d)The executive director shall decide the challenge within two business days of receipt of the affidavit and any responding affidavits. If he deems the challenging affidavit insufficient, he may either allow the party filing it to submit further written evidence, or he may order that the proceedings continue.

9 NYCRR 580.9 - Pre-hearing conferences

No later Register activity identified in this check.

Top

Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Latest notice: DOS-32-17-00002-P · Proposed rule · Aug 9, 2017
Source snapshot: Jun 6, 2026

The hearing officer may direct the parties to appear for a conference to simplify, define, limit or resolve issues. The hearing officer shall summarize for the record the action taken at the conference and any admissions, stipulations or agreements which were made by the parties.

9 NYCRR 580.10 - Appearances

No later Register activity identified in this check.

Top

Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Latest notice: DOS-32-17-00002-P · Proposed rule · Aug 9, 2017
Source snapshot: Jun 6, 2026

(a)Any person representing a party may be required, on the motion of any party or on the hearing officer's own motion, to demonstrate his authority to act for and to bind the party.

(b)If a party fails to appear at the hearing, he shall be deemed to have waived the right to participate in the proceedings, except for good cause shown and in the discretion of the hearing officer.

(c)In the event that a party appears at a hearing and no other party appears, he may elect to present his evidence in the form of affidavits to be submitted at a future date or by oral testimony before the hearing officer.

(d)The hearing officer may relieve any party of the consequences of any default upon a showing of good cause.

9 NYCRR 580.11 - Pleadings; motions

No later Register activity identified in this check.

Top

Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Latest notice: DOS-32-17-00002-P · Proposed rule · Aug 9, 2017
Source snapshot: Jun 6, 2026

(a)Notice of hearing.

The notice of hearing and all documentary proof of notice, the application and all supporting documents shall be deemed admitted, subject to a motion to strike, made before the close of the hearing. Upon a motion to strike the notice of hearing or any documentary proof of notice, the hearing officer may direct the agency staff to present testimony concerning notice.

(b)The burden shall be on the project sponsor to present testimony concerning the matters alleged in the application.

(c)Motions.

Applications to the hearing officer for rulings, orders or determinations, including requests to recommend that the application be approved, approved on stated conditions, or disapproved, may be made orally during the hearing or in writing. The hearing officer shall give all parties an opportunity to respond thereto.

9 NYCRR 580.12 - Adjournments

No later Register activity identified in this check.

Top

Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Latest notice: DOS-32-17-00002-P · Proposed rule · Aug 9, 2017
Source snapshot: Jun 6, 2026

(a)An application for an adjournment made in advance of the first hearing day, or while the hearing is in recess, shall not be granted except for good cause shown and unless written request is presented therefor to the hearing officer on notice to the parties three business days in advance of the next scheduled hearing session.

(b)An application for an adjournment made during a hearing shall not be granted except for good cause shown.

(c)Hearings shall be adjourned to a time, day and place certain. No further formal notice need be given; however, the agency may give such notice of the reconvening of a hearing as it deems appropriate.

9 NYCRR 580.13 - Consolidation, severance and failure of notice

No later Register activity identified in this check.

Top

Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Latest notice: DOS-32-17-00002-P · Proposed rule · Aug 9, 2017
Source snapshot: Jul 8, 2026

The hearing officer shall have power concerning consolidation, severance and failure of notice to make such order as justice requires. Upon his own motion and upon motion of any party, he may order a joint hearing of any or all matters in issue involving common questions of fact. He may, jointly with any other agency hearing officer, order consolidation of hearings, and may make any other orders as may tend to avoid delay. He may order a severance of the hearing and may order separate hearings in respect to any issue.

9 NYCRR 580.14 - Conduct of the hearing

No later Register activity identified in this check.

Top

Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Latest notice: DOS-32-17-00002-P · Proposed rule · Aug 9, 2017
Source snapshot: Jun 6, 2026

(a)The hearing officer.

(1)Any public hearing may be conducted by an agency member or employee or other person designated as a hearing officer by the agency. The designation of a hearing officer shall be in writing and made part of the record.

(2)A person may not serve as a hearing officer if he:

(i)has any financial interest, direct or indirect, in any matter involved in the proceedings;

(ii)is related by blood or marriage to any party;

(iii)has participated in any investigation with respect to the project or in the development or evidence to be introduced at the hearing; or

(iv)is otherwise disqualified.

(3)The hearing officer shall conduct the hearing in a fair and impartial manner, and shall assure that a complete record is kept pursuant to paragraph (g)(2) of this section.

(4)The hearing officer shall have power to:

(i)direct the parties to appear and confer at any time prior to or during the course of the hearing to consider the simplification of issues by consent of the parties;

(ii)rule upon motions;

(iii)set the time and place of hearings beyond the initial hearing day, regulate the course of the hearing; adjourn the hearing from time to time, indicate the place of the adjourned hearing; and fix the time for the filing of briefs and other documents;

(iv)administer oaths and affirmations;

(v)in conformance with subdivision (d) of this section, sign and issue subpoenas in the name of the agency at the request of any party, requiring the attendance and testimony of witnesses and the production of books, papers, records, contracts and other documentary evidence; however, this subparagraph shall not affect the authority of an attorney for a party to issue subpoenas under the Civil Practice Law and Rules;

(vi)summon and examine witnesses and receive evidence;

(vii)upon good cause shown by any party, order the production of specified documents for inspection and copying, and the use of written interrogatories, consistent with the general principles of article 31 of the Civil Practice Law and Rules;

(viii)provide for the taking of testimony by deposition;

(ix)admit or exclude evidence;

(x)hear and determine arguments of fact or law; and

(xi)do all acts and take all measures necessary for the maintenance of order and the efficient conduct of the hearing.

(5)If requested to do so by the agency at the time of his designation, the hearing officer shall make findings of fact and conclusions of law based on the record and shall forward a report to the agency for acceptance, rejection or modification.

(6)Upon declination, failure to serve, death, resignation, removal or disqualification of the hearing officer, the agency may designate a successor who may continue the proceedings.

(b)Order of proceedings.

(1)The hearing officer shall convene the hearing and shall present a brief summary of the hearing, the project involved, the applicable statutes and regulations, the possible consequences of the determination in the proceedings, and the procedures to be followed during the hearing.

(2)The appearance of each party shall be entered on the record.

(3)The hearing officer may order the project sponsor to make a brief, informal presentation of the project at the outset of the hearing and to answer questions from members of the public who are not parties. Such a proceeding shall not relieve the project sponsor of his burden to present competent evidence in support of the application, nor shall it deprive the other parties of the right to cross-examine witnesses.

(4)The hearing officer may determine the sequence of participation, taking into account the convenience of parties or witnesses, clarity of the record, and similar considerations. As a general rule, the project sponsor shall proceed first, followed by the agency staff, other governmental agencies, and other parties.

(5)All parties may make brief opening statements outlining their position regarding the project.

(6)Direct case.

(i)In addition to proving the allegations of the application, the project sponsor shall have the burden of demonstrating that the project will be in compliance with applicable statutory and regulatory requirements.

(ii)Each other party shall have the right to introduce testimony and other evidence.

(7)Cross-examination.

(i)Each party shall be entitled to cross-examine the witnesses of every other party.

(ii)Generally, cross-examination shall take place immediately after direct examination.

(iii)The hearing officer shall assist unrepresented parties in cross-examination and may also conduct examination.

(iv)The hearing officer may allow redirect and recross-examination.

(v)The hearing officer may call or recall witnesses.

(8)Rebuttal.

(i)Each party may offer rebuttal evidence to deny any material affirmative facts upon which evidence from any other party has been entered.

(ii)Rebuttal evidence shall be limited to evidence presented in the direct case of the parties.

(9)Closing statements and briefs.

(i)After the testimony and evidence have been received, all parties may make brief closing statements summarizing their positions.

(ii)The hearing officer may request or allow the filing of hearing briefs, during the course of or upon the conclusion of the hearing, relating to any issue of law, motions, rulings or positions taken.

(iii)Fifteen copies of final briefs shall be submitted to the agency and shall contain proposed findings of fact, with citation to the record as to where such finding finds support, and proposed conclusions of law relative to the required statutory and regulatory determinations. Final briefs may propose conditions to be imposed upon agency approval of the project.

(iv)The hearing officer shall establish the time for submission of hearing and final briefs.

(10)Hearings shall be adjourned on the final day by the hearing officer, subject to any further action that may be taken by the agency.

(11)The hearing shall be officially closed upon the receipt of the stenographic transcript, the receipt of any additional documents or other material agreed at the hearing to be made available after the hearing, or the submission of final briefs by the parties, whichever occurs later.

(c)Post-hearing motions.

The hearing officer is authorized to rule upon all motions made prior to the last day of the hearing. The agency will rule upon all motions and requests submitted thereafter in the course of its determination on the project.

(d)Subpoenas.

(1)A subpoena compelling the production of books or records shall only be issued by the hearing officer upon written showing of necessity. Such a subpoena shall designate specifically the documents required to be produced.

(2)The service of a subpoena is the responsibility of the party requesting it.

(3)If a witness fails to respond to a subpoena, the record of the hearing shall note such default. If the hearing officer determines that the testimony of the witness is essential for the completion of a party's case, he shall adjourn the hearing until the party has a reasonable opportunity to attempt to obtain compliance with the subpoena.

(e)Stipulations.

Stipulations may be incorporated into the stenographic record of the hearing or subscribed in writing and filed with the hearing officer.

(f)Prefiled testimony.

(1)Wherever feasible, the hearing officer may request or require that testimony be reduced to writing and distributed to the parties sufficiently in advance of the hearing date to permit their review.

(2)Unless otherwise stipulated by the parties, prefiled testimony shall be attested to at the hearing and the witness shall be available to be cross-examined.

(g)Record of the hearing.

(1)Testimony and other proceedings shall be transcribed verbatim; however, where the parties so stipulate, or in any hearing on a minor project, testimony may be recorded by electronic means and a summary thereof may be prepared by the agency staff, upon notice to the other parties and with an opportunity to file comments or argument as to its completeness.

(2)The official record of the hearing shall be filed with the agency and shall include:

(i)the application and all notices (including the notice of hearing and any notices of appearance) and motions;

(ii)any affidavit of publication of the notice of hearing;

(iii)the transcript of the testimony taken at the hearing, and the exhibits entered into evidence:

(iv)any letters, statements, petitions or comments;

(v)any admissions, agreements or stipulations;

(vi)a statement of matters officially noticed;

(vii)offers of proof, objections thereto and rulings thereon;

(viii)proposed findings and exceptions, if any; and

(ix)the hearing officer's report to the agency, if any.

(3)The agency may use electronic recording devices and any other reasonable method of recording of the proceedings in lieu of a certified reporter. A copy of the transcript will be available at agency headquarters for review by the parties.

(h)Reopening of the hearing.

(1)At any time prior to issuing its final determination, on its own motion or at the request of any party, the agency may direct that the hearing be reopened to secure additional evidence. At the option of the project sponsor, the hearing shall not be deemed closed until the reopened proceedings are complete.

(2)Requests to the agency to reopen the hearing thereafter must be made within 30 days of the issuance of a final determination, may be made only by the project sponsor, and may be made only for good cause shown.

(i)Service of papers.

Except where statute or these regulations otherwise provide, all notices and papers connected with a hearing and the order or final determination of the agency may be served by ordinary mail. Any party initiating motions, requests, briefs or other written material in connection with the hearing shall serve such materials on the other parties.

9 NYCRR 580.15 - Evidence

No later Register activity identified in this check.

Top

Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Latest notice: DOS-32-17-00002-P · Proposed rule · Aug 9, 2017
Source snapshot: Jun 6, 2026

(a)General.

(1)The rules of evidence observed by courts shall not be strictly applied, but all evidence must be competent, material and relevant. Hearsay evidence is admissible if a reasonable degree of reliability thereof is shown.

(2)The hearing officer shall preclude immaterial, irrelevant or unduly repetitious evidence or cross-examination.

(3)No decision, determination or order shall be made except upon consideration of the record as a whole and as supported by and in accordance with substantial evidence.

(b)Official notice.

(1)Official notice may be taken by the hearing officer or agency:

(i)of such facts which are so generally known or of such common notoriety that they cannot reasonably be the subject of dispute; or

(ii)of specific facts and propositions of generalized knowledge which are capable of immediate and accurate determination by resort to easily accessible sources of indisputable accuracy; or

(iii)of generally recognized technical or scientific facts within the agency's specialized knowledge.

(2)Parties shall be notified of any facts as to which official notice is proposed to be taken and afforded an opportunity to dispute the facts or their materiality.

(c)Documentary and demonstrative evidence.

(1)Documentary evidence may be offered but must be relevant, competent and material.

(2)Where a part of a document is read into evidence, any party is entitled to have the whole of the document read or made a part of the record.

(3)Demonstrative evidence shall be allowed if competent, relevant and material, and if a record of the demonstration can be preserved by testimony and exhibit.

(d)Witnesses.

Each witness shall be sworn or make an affirmation.

(e)Unsworn testimony.

Unsworn testimony will be considered arguments bearing on evidence otherwise entered.

9 NYCRR 580.16 - Joint proceedings

No later Register activity identified in this check.

Top

Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Latest notice: DOS-32-17-00002-P · Proposed rule · Aug 9, 2017
Source snapshot: Jun 6, 2026

The agency may, by agreement with any Federal, State or local governmental body having concurrent jurisdiction over a project or related application, provide for joint notices and joint hearings. Joint hearings will be held whenever possible.

9 NYCRR 580.17 - Ex parte communications

No later Register activity identified in this check.

Top

Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Latest notice: DOS-32-17-00002-P · Proposed rule · Aug 9, 2017
Source snapshot: Jun 6, 2026

(a)No party shall, directly or through a representative, communicate with the hearing officer designated for any particular hearing, in connection with any issue of fact or law involved in any pending application, except upon notice and opportunity for all parties to participate.

(b)Hearing officers requested to hear and report may have the aid and advice of agency staff other than the staff which has been or is engaged in the investigative or prosecuting functions in connection with the case under consideration or a similar case.

(c)Section 587.4 of this Title, concerning ex parte communications with the agency, shall also apply.

9 NYCRR 580.18 - Agency determination and order

No later Register activity identified in this check.

Top

Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Latest notice: DOS-32-17-00002-P · Proposed rule · Aug 9, 2017
Source snapshot: Jun 6, 2026

(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.

9 NYCRR 580.19 - Public hearings on draft environmental impact statements to be combined

No later Register activity identified in this check.

Top

Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Latest notice: DOS-32-17-00002-P · Proposed rule · Aug 9, 2017
Source snapshot: Jun 6, 2026

Any hearing on a draft environmental impact statement prepared pursuant to the State Environmental Quality Review Act shall be consolidated with any hearing held pursuant to this Part to the maximum extent practicable.

9 NYCRR 580.20 - Extension of time by consent

No later Register activity identified in this check.

Top

Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Latest notice: DOS-32-17-00002-P · Proposed rule · Aug 9, 2017
Source snapshot: Jun 6, 2026

Any time period specified in this Part may be extended for good cause by written mutual consent of the project sponsor and the agency staff.

LawEngine organizes New York regulations for fast review. Use independent legal judgment before filing.