Legislation
SECTION 33-0717
Public hearing regarding registration
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 33, TITLE 7
§ 33-0717. Public hearing regarding registration.
In the event a hearing is requested, the commissioner shall, after due
notice, hold a public hearing for the purpose of receiving evidence
relevant and material to the issues raised by the objections. Any
report, recommendations, underlying data, and reasons certified to the
commissioner by an advisory committee shall be made a part of the record
of the hearing, if relevant and material. Upon request of the
commissioner, petitioner, or hearing officer, the advisory committee
shall designate one of its members to appear and testify at the hearing
with respect to its report and recommendations. However, any other
member of the advisory committee may also appear and testify at the
hearing. As soon as practicable after completion of the hearing, the
commissioner shall evaluate the data and reports before him, act upon
the objections and issue an order granting, denying, or canceling the
registration. Such order shall be based only on substantial evidence of
record at such hearing, including any report, recommendations,
underlying data, and reason certified to the commissioner by an advisory
committee, and shall set forth detailed findings of fact upon which the
order is based. In connection with consideration of any registration or
application for registration under this section, the commissioner may
consult with any federal agency or any other state department or agency.
In the event a hearing is requested, the commissioner shall, after due
notice, hold a public hearing for the purpose of receiving evidence
relevant and material to the issues raised by the objections. Any
report, recommendations, underlying data, and reasons certified to the
commissioner by an advisory committee shall be made a part of the record
of the hearing, if relevant and material. Upon request of the
commissioner, petitioner, or hearing officer, the advisory committee
shall designate one of its members to appear and testify at the hearing
with respect to its report and recommendations. However, any other
member of the advisory committee may also appear and testify at the
hearing. As soon as practicable after completion of the hearing, the
commissioner shall evaluate the data and reports before him, act upon
the objections and issue an order granting, denying, or canceling the
registration. Such order shall be based only on substantial evidence of
record at such hearing, including any report, recommendations,
underlying data, and reason certified to the commissioner by an advisory
committee, and shall set forth detailed findings of fact upon which the
order is based. In connection with consideration of any registration or
application for registration under this section, the commissioner may
consult with any federal agency or any other state department or agency.