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Conduct of hearing
Public Service (PBS) CHAPTER 48, ARTICLE 8
* § 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

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