Title 9 Part 587 NYCRR — browse free

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

All 2 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 587.1 - Access to agency records

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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: APA-39-16-00030-A · Adopted rule · Feb 1, 2017
Source snapshot: Jun 6, 2026

9 NYCRR 587.2 - Open meetings

Source text available - table layout pending

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.
Source snapshot: Jun 6, 2026

9 NYCRR 587.3 - Conflicts of interest

No later Register activity identified in this check.

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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.
Source snapshot: Jun 6, 2026

(a)Purpose and scope.

This section states agency policy for the avoidance of conflicts of interest by agency members and employees.

(b)Statutory rules.

In addition to any other applicable statute or rule governing conflicts of interest, agency members and employees shall comply with the provisions of sections 73 and 74 of the Public Officers Law.

(c)Disclosure.

In order to avoid any possible conflicts of interest, or appearance of conflicts, between the duties of the agency and the business, financial, property or the personal interest of its members, each agency member:

(1)shall disclose to the full agency, either by writing filed at agency headquarters or by stating for the recordation in the minutes of an agency meeting, any business, financial, property, personal or other interest that he may have, directly or indirectly, which may appear to be in substantial conflict with the proper discharge of his public duties in any application for a permit, variance, amendment to the official map or any other matter coming before the agency;

(2)shall abstain from deliberating, discussing or voting with respect to matters in which he has such an interest; provided, however, that his presence shall be counted for the purposes of determining a quorum for the meeting; and

(3)the disclosure required by this section shall be made as soon as practicable after learning of the potential conflict.

9 NYCRR 587.4 - Ex parte communications prohibited

No later Register activity identified in this check.

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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.
Source snapshot: Jun 6, 2026

(a)An ex parte communication is any communication regarding issues of fact or conclusions of law with any party or its representative or hearing officer by one party to an adjudicatory proceeding out of the presence of other parties to the same proceeding without simultaneous communication with other parties.

(b)The following prohibition shall apply to adjudicatory proceedings, including public hearings pursuant to Part 580 and Subparts 581-3 and 581-4 of this Title, or variance hearings pursuant to Part 576 of this Title.

(c)Prohibition

(1)No party or representative of a party shall communicate in any form with the agency or any member regarding any matter subject to an adjudicatory proceeding before the agency without serving copies of the communication on all other parties to the proceeding.

(2)Prior to or during an adjudicatory proceeding, no agency member or employee responsible for rendering a decision or making findings of fact and conclusions of law shall communicate in connection with any issue of fact, or issue of law, with any person, party or his representative, except upon notice and opportunity for all parties to participate; provided, however, that any agency member or employee:

(i)may communicate with other members of the agency; and

(ii)may have the aid and advice of agency staff which have not been engaged in the investigation or prosecuting functions in connection with the matter or proceeding or factually related matter or proceeding.

(d)Any agency member who receives an attempted ex parte communication must decline to hear such communication or respond. The member may explain that the matter is pending before the agency. If the member is unsuccessful in preventing the ex parte communication, the member will make a written report of the communication and the substance thereof and deliver it to counsel of the agency. Agency counsel shall be responsible for filing such report in the pending adjudicatory proceeding and separately in a file in counsel's office. Notice of receipt and filing shall be given by counsel to all parties to the particular adjudicatory proceeding and the hearing officer appointed to hear the matter.

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