N.Y. Executive Law § 812: Public hearings

§ 812. Public hearings. 1. Public hearings authorized or required by

section eight hundred nine to be held by the agency in connection with

the review of projects shall be conducted as provided in this section,

the applicable project review rules and regulations of the agency

adopted under subdivision fourteen of such section, and the state

administrative procedure act.

2. Notice of such public hearings shall be given as required in

section eight hundred nine. Individual notices of hearing required under

such section shall be served by mail in the manner required by section

eight hundred nine of this article to the last known address of such

individuals. Individual notice of hearing shall also be so served on any

other person or agency, public or private, as may be required under the

agency's project review rules and regulations.

3. Parties to a public hearing shall be the project sponsor and any

person or agency entitled to individual notice and any other person or

agency as may be authorized under the agency's project review rules and

regulations.

4. The public hearing may, if authorized by the agency's project

review rules and regulations, be conducted by any member or designee of

the agency, but any findings, decision, order, permit or certificate of

the agency shall be adopted by the agency, all members voting having

familiarized themselves with the record.

5. The agency, or member or designee thereof presiding at the hearing

shall have power to administer oaths and issue subpoenas to compel the

attendance of witnesses and the production of relevant documents and

papers, including witnesses and documents requested by the parties.

6. The parties shall be afforded the opportunity to present evidence

and argument and, in the case of the project sponsor, any person or

agency entitled by law to individual notice and any other public agency,

to cross-examine witnesses on all relevant issues, but the member or

designee presiding may impose reasonable limitations as to time and

number of persons heard.

7. The agency shall keep a verbatim record of the proceedings and

certified copies shall be made available, and for such reasonable

charges, as may be provided by rule or regulation of the agency.