Village of Johnson City, NY Article V Administrative Procedures

§ 222-14 Proceedings before the Board.

A. Whenever it shall appear to the Board, after investigation, that there has been a violation of any of the provisions of this Part 2 or of the Board's rules and regulations or of any permit, order or determination issued thereunder, it shall give written notice to the alleged violator or violators setting forth any thing or act done or omitted to be done or claimed to be in violation of any such provisions and requiring that the matters complained of be corrected and/or that the alleged violator appear in person or by attorney before the Board or its duly designated representative at the time and place in said notice specified and answer the charges complained of.

B. At least fifteen (15) days' notice of such hearing shall be given.

C. Upon the return day of such notice, the person so notified shall file with the Board a written statement setting forth the position of the person so notified, the answer, if any, to the charges made against him or her, the methods, practices and procedures, if any, which are being taken to correct each alleged violation and any other defenses or information pertinent to the case. Pertinent and relevant testimony of witnesses shall be received in support of or opposition to said statement. Failure to file a statement shall be treated as a default in appearance.

D. Following a hearing and after due consideration of the written and oral statements and testimony and arguments filed pursuant to Subsection C above or on default in appearance in said return day, the Board may issue and enter such final order or make such final determination as it deems appropriate under the circumstances and shall notify such person or persons thereof, in writing, personally or by registered mail within twenty (20) days after completion of the hearing. Where a person appears by attorney, service by mail on the attorney shall be sufficient if made in accordance with Civil Practice Law and Rules § 321.

§ 222-15 Hearings; notice; procedure.

A. The Board may issue subpoenas and administer oaths in connection with any hearing or investigation under or pursuant to the provisions of this Article, and it shall be the duty of the Board to issue subpoenas at the request of and upon behalf of the respondent.

B. The Board shall not be bound by laws of evidence in the conduct of hearing proceedings, but the determination shall be founded upon the sufficient legal evidence to sustain it.

C. Notice of hearing shall be served at least fifteen (15) days prior to the date of the hearing, provided that whenever, because of danger to the public health, safety or welfare, it appears prejudicial to the public interest to delay action for fifteen (15) days, the Board may proceed in accordance with § 222-59.

D. Service of notice of hearing or order shall be made by personal service or by registered or certified mail. Where service, whether by personal service or by registered or certified mail, is made upon an infant, incompetent, partnership, corporation, governmental subdivision, board or commission, it shall be made upon the person or persons designated to receive personal service by Article 3 of the Civil Practice Law and Rules.

E. The Board's Attorney may prefer charges, attend hearings, present the facts and take any and all proceedings in connection therewith.

F. At a hearing, the respondent may appear personally, shall have the right of counsel and may cross-examine witnesses against him or her and produce evidence and witnesses in his or her behalf.

G. A record or summary thereof of the proceedings of said hearings shall be made and filed with the Board. If requested to do so by any party, full stenographic notes of the testimony presented at said hearing shall be taken and filed. The stenographer shall, upon the payment of his or her fees allowed by law therefor, furnish a certified transcript of the whole or any part of his or her notes to any party requesting the same.

H. Unless precluded by law, disposition may be made of any hearing by stipulation, agreed settlement, consent order, default or other informal method. Within ten (10) days of the notice specified in § 222-14A, the user may request a prehearing conference with the Board's representative for an informal disposition of any or all charges.[1]

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

I. At any time prior to the expiration of the time limited for commencement of judicial review of any decision or determination of the Board, a party may request that the Board furnish him or her with a copy of the record and transcript of the proceeding or any part thereof. The Board shall prepare the record together with any portion of the transcript requested and shall furnish a copy of the requested materials to the party. Except when any law provides otherwise, the Board is authorized to charge not more than its cost for the preparation and furnishings of such record or transcript or the rate specified in the contract between the Board and a contractor if prepared by a private contractor.

J. Upon application of any affected user, the Board may modify or amend any determination after a hearing.

§ 222-16 Declaratory rulings.

Any interested person may petition the Board for a declaratory ruling relating to any rule, regulation, order, policy or interpretation used by the Board in the discharge of its functions under this Part 2. A petition to the Board for a declaratory ruling shall be in writing and shall be in such form as the Board prescribes. No later than thirty (30) days after its receipt of a petition, the Board shall state its opinion of the petitioner's position and the policy to be followed by the Board. This statement shall constitute a declaratory ruling which shall be served by mail on the petitioner. When the Board deems appropriate, it may schedule an adjudicatory hearing to be held in accordance with the procedures set forth in § 222-15 above, prior to its issuing a declaratory ruling.

§ 222-17 Appeals to the Board.

A. Any person aggrieved by any determination or order made by any delegate, deputy or representative of the Board may appeal such order or determination to the Board by filing with the Board a request for Board review. Requests for Board review shall be in writing and shall be made within fifteen (15) days of the date of the determination or order complained of. The request shall contain a short and plain statement of the matters asserted and the relief being sought. No later than thirty (30) days after receipt of a request for review, the Board shall schedule an adjudicatory hearing to be held in accordance with the procedures set forth in § 222-15 above. A special meeting of the Board may be called by the Chairperson upon the filing of the request for review, and the Board may, in its discretion, suspend the operation of the order or determination being reviewed until such time as the Board has acted upon the appeal.

B. The Board shall review and evaluate all appeals, and in making any decisions, it shall give due consideration to such factors as it deems appropriate for effectuating the policy and purpose of this Part 2. For appeals taken pursuant to § 222-34B of this Part 2, the Board shall also take into consideration cost effectiveness and the economic impact upon the user of the proposed Board action.

§ 222-18 Judicial review.

Any final order issued by the Joint Sewage Board (including civil penalties assessed pursuant to § 222-54 of this Part 2), shall be reviewable in a proceeding pursuant to Article 78 of the Civil Practice Law and Rules. Application for such review must be within thirty (30) days after service, in person or by mail, of a copy of the determination or order upon the attorney of record for the applicant and for each person who has filed a notice of appearance or the applicant in person if such applicant is not represented by an attorney.

§ 222-19 Adoption and amendment of rules and regulations.

The Joint Sewage Board prior to the adoption, amendment or repeal of any rule or regulation shall:

A. Publish notice at least ten (10) days prior to the intended action. Notice shall include a statement of either the terms or substance of the intended action or a description of subjects and issues involved, the time and place of the hearing and the manner in which interested persons may present their views.

B. Afford all interested parties reasonable opportunity to submit data, views or arguments, orally or in writing. Reasons for adoption and refusal of proposed rule as well as the decision of the Joint Sewage Board shall be recorded and available for public inspection.

C. File a certified copy of each rule and regulation with the Clerk of the Common Council of Binghamton and the Clerk of the Village Board of Johnson City. The Clerk shall keep a permanent file which may be inspected upon request.

§ 222-20 Compilation of Joint Sewage Board rulings.

The Board shall compile, index and make available for public inspection all rules and regulations, declaratory rulings and decisions on appeal promulgated by the Board. The compilation shall be supplemented as frequently as the Board deems appropriate.