Section 145. Conduct of hearing

1. The hearing shall be conducted in an
  expeditious manner by a presiding examiner appointed by the  department.
  An  associate  hearing  examiner shall be appointed by the department of
  environmental conservation prior to the date set for commencement of the
  public hearing. The associate examiner  shall  attend  all  hearings  as
  scheduled  by  the  presiding examiner and he shall assist the presiding
  examiner in inquiring into and calling for testimony concerning relevant
  and  material  matters.  The  conclusions  and  recommendations  of  the
  associate  examiner shall be incorporated in the recommended decision of
  the presiding examiner, unless the associate examiner prefers to  submit
  a   separate   report   of  dissenting  or  concurring  conclusions  and
  recommendations.
    The testimony presented at a hearing may be presented  in  writing  or
  orally.  The  board  may  require  any  state  agency  to provide expert
  testimony on specific subjects where its personnel  have  the  requisite
  expertise  and such testimony is considered necessary to the development
  of an adequate record. A record shall be made of the hearing and of  all
  testimony  taken  and  the  cross-examinations  thereon.  The  rules  of
  evidence applicable to proceedings before a court shall not  apply.  The
  presiding   examiner   may   provide   for   the  consolidation  of  the
  representation of parties, other than governmental bodies  or  agencies,
  having similar interests. In the case of such a consolidation, the right
  to  counsel  of its own choosing shall be preserved to each party to the
  proceeding provided that the consolidated group may be  required  to  be
  heard  through  such  reasonable  number  of  counsel  as  the presiding
  examiner shall determine. Appropriate regulations shall be issued by the
  board to provide for prehearing discovery procedures  by  parties  to  a
  proceeding,   consolidation   of  the  representation  of  parties,  the
  exclusion of irrelevant, repetitive, redundant or  immaterial  evidence,
  and the review of rulings by presiding examiners.
    2.  A  copy  of the record shall be made available by the board at all
  reasonable times for examination by the public.
    3. The chairman of the board may  enter  into  an  agreement  with  an
  agency or department of the United States having concurrent jurisdiction
  over  all or part of the location, construction, or operation of a major
  steam electric generating facility subject to this article with  respect
  to  providing  for joint procedures and a joint hearing of common issues
  on a combined record, provided that such agreement  shall  not  diminish
  the rights accorded to any party under this article.
    4.  The  presiding  examiner  shall  cause  proffered  testimony to be
  received on alternate site and source proposals provided notice  of  the
  intent to submit such testimony shall be given within such period as the
  board shall prescribe by regulation, which period shall be not less than
  thirty  nor  more than sixty days after the commencement of the hearing.
  Nevertheless, in its discretion, the board may thereafter  cause  to  be
  considered  other  potential sites and sources and cause testimony to be
  accepted thereon.
    5. Notwithstanding the provisions of subdivision four of this section,
  the board may, by regulation, promulgate procedures to permit  a  prompt
  determination  by  the  board  on  the  sufficiency  of  the applicant's
  consideration and evaluation of alternatives to  its  proposed  type  of
  major  steam  electric generating facility and its proposed location for
  that facility before resolution of other issues  pertinent  to  a  final
  determination  on the application. Such procedures shall assure that all
  interested parties have reasonable opportunity to question  and  present
  evidence  in  support  of  or  against  the  merits  of  the applicant's
  consideration and evaluation of alternatives, so that the board is  able

  to  decide,  in  the first instance, whether the applicant's proposal is
  preferable to alternatives.
    * NB Expired January 1, 1989
    * NB Operative with regard to applications filed on or before December
           31, 1988
    * NB There are 2 § 145's