N.Y. Environmental Conservation Law § 33-0717: Public hearing regarding registration

§ 33-0717. Public hearing regarding registration.

In the event a hearing is requested, the commissioner shall, after due

notice, hold a public hearing for the purpose of receiving evidence

relevant and material to the issues raised by the objections. Any

report, recommendations, underlying data, and reasons certified to the

commissioner by an advisory committee shall be made a part of the record

of the hearing, if relevant and material. Upon request of the

commissioner, petitioner, or hearing officer, the advisory committee

shall designate one of its members to appear and testify at the hearing

with respect to its report and recommendations. However, any other

member of the advisory committee may also appear and testify at the

hearing. As soon as practicable after completion of the hearing, the

commissioner shall evaluate the data and reports before him, act upon

the objections and issue an order granting, denying, or canceling the

registration. Such order shall be based only on substantial evidence of

record at such hearing, including any report, recommendations,

underlying data, and reason certified to the commissioner by an advisory

committee, and shall set forth detailed findings of fact upon which the

order is based. In connection with consideration of any registration or

application for registration under this section, the commissioner may

consult with any federal agency or any other state department or agency.