N.Y. Environmental Conservation Law § 17-0907: Hearings for persons aggrieved

§ 17-0907. Hearings for persons aggrieved.

1. This section shall apply only to titles 1 to 11, inclusive, and

title 19 of this article.

2. The commissioner shall grant a hearing to any person not previously

heard in connection with the making of a determination, or order, who

within twenty days after service upon him of a copy of a notice, order

or determination of the commissioner, may file a petition with the

department alleging that the said order or determination is or are

contrary to fact and injurious to him, and that said order or

determination cause him damage by the invasion of or interference with a

private right or privilege, particularly appertaining to him. At such

hearing the petitioner may appear in person or by attorney, present

witnesses, submit evidence and be given full opportunity to be heard.

Following such hearing, the commissioner shall make his determination,

which, unless an appeal is taken therefrom, shall be final and

conclusive.