Section 812. Public hearings  


Latest version.
  • 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.