N.Y. Environmental Conservation Law § 33-0715: Advisory committees

§ 33-0715. Advisory committees.

1. The commissioner on his own motion, may at any time refer matters

concerning registration of pesticides or the suspension or cancellation

of such registration, to an advisory committee. Each advisory committee

shall be composed of experts, qualified in the subject matter and of

adequately diversified professional background selected by the

department and shall include one or more representatives from the state

college of agriculture. The committee shall not have more than seven

members. Advisory committee members shall not receive a salary or other

compensation, but shall be reimbursed for their necessary traveling and

subsistence expenses while serving away from their places of residence.

All costs may be assessed against the petitioner, unless the matter was

referred to the advisory committee upon the motion of the commissioner

without a petition. The commissioner shall furnish the committee with

adequate clerical and other assistance, and shall by rules and

regulations prescribe the procedures to be followed by the committee.

2. Whenever the applicant or registrant requests an advisory committee

hearing or the commissioner determines that a matter should be referred

to an advisory committee, the commissioner shall submit the application

for registration of the article and all relevant data before him to the

committee forthwith. The petitioner, as well as representatives of the

department shall have the right to consult with the advisory committee.

As soon as practicable after any such submission, but not later than

sixty days, the committee shall, after independent study of the data

submitted by the commissioner and all other pertinent information

available to it, submit a report and recommendation to the commissioner

as to the registration of the article, together with all underlying data

and a statement of the reasons or basis for the recommendations. After

due consideration of the views of the committee and all other data

before him the commissioner shall, within ninety days after receipt of

the report and recommendations of the advisory committee, make his

determination and issue an order, with findings of fact, with respect to

registration of the article and notify the applicant for registration or

registrant of his decision. The applicant for registration, or

registrant, may file objections and request a public hearing within

sixty days from the date of the commissioner's order made after

receiving the report and recommendations of the advisory committee.