2010 New York Code
ENV - Environmental Conservation
Article 70 - (70-0101 - 70-0121) UNIFORM PROCEDURES
70-0119 - Public hearings.

§ 70-0119. Public hearings.
    1.  After  evaluating  an application for a permit and any comments of
  department staff, other state agencies or units of government or members
  of the public, the department shall, on or before  sixty  calendar  days
  after  it mails notice to the applicant that the application is complete
  or on or before sixty days after  the  application  is  deemed  complete
  pursuant  to the provisions of this article, determine whether or not to
  conduct a public hearing on the application and mail written  notice  to
  the  applicant  of  a  determination  to  conduct a public hearing. Such
  determination shall be based on whether the evaluation or comments raise
  substantive  and  significant  issues  relating  to  any   findings   or
  determinations  the  department  is  required  to  make pursuant to this
  chapter, including the reasonable likelihood that a permit  applied  for
  will  be  denied  or can be granted only with major modifications to the
  project because the project  as  proposed  may  not  meet  statutory  or
  regulatory  criteria or standards; provided, however, where any comments
  received from members of the public or otherwise raise  substantive  and
  significant  issues  relating  to  the application and resolution of any
  such issue may result in denial of  the  permit  or  the  imposition  of
  significant  conditions  thereon,  the  department  shall  hold a public
  hearing on the application.
    2. If a public hearing is to be held, it shall commence on  or  before
  ninety  calendar  days  after the department mails written notice to the
  applicant that the application  is  complete  or  on  or  before  ninety
  calendar  days  after the application is deemed complete pursuant to the
  provisions of this article. Reasonable notice of the  hearing  shall  be
  given  to  the applicant and to persons who have made written request to
  participate in it and notice to the public shall be given by publication
  of a notice of hearing  in  the  environmental  notice  bulletin,  in  a
  newspaper  as otherwise required by law, and in such other manner as the
  department may direct, if any.
    3. The department may require an applicant to pay the cost of  renting
  a  hearing  room  and of preparing a transcript associated with a public
  hearing conducted pursuant to this article. Prior to commencing a public
  hearing  pursuant  to  this  article,  the  department  may  require  an
  applicant to post a bond or other suitable undertaking to assure payment
  of such costs.
    4.  When  an  applicant  has  submitted  applications  for one or more
  permits associated with a project and more than one  public  hearing  is
  required,  including  public  hearings pursuant to article eight of this
  chapter, said public hearings shall be consolidated into a single public
  hearing at the request of the applicant wherever  practicable.    Public
  hearings  associated  with  a project shall also be consolidated or held
  jointly with one  or  more  other  state  or  local  agencies,  whenever
  practicable.
    5.  Public  hearings  pursuant  to  this article shall be conducted as
  provided in rules and regulations adopted by the department pursuant  to
  section  70-0107  and  as provided in the state administrative procedure
  act.