N.Y. Comp. Codes R. & Regs. tit. 6 § 624.14

Current through Register Vol. 46, No. 45, November 2, 2024

Section 624.14 - Mediation

(a) ALJs have the authority to mediate permit matters.

(b) Mediation may be requested by the parties or potential parties at any time after referral of a permit matter to the Office of Hearings and Mediation Services for proceedings pursuant to this Part. The request must be made to the assigned hearing ALJ or to the Chief ALJ if an ALJ has not been assigned to the matter. Upon consent of all parties, the matter will be set down for mediation and an ALJ will be assigned to mediate the matter. The ALJ assigned to the adjudicatory proceeding will not be assigned to mediate the matter.

(c) The adjudicatory proceeding may be adjourned, in whole or part, upon request and at the discretion of the assigned hearing ALJ or the Chief ALJ if an ALJ has not been assigned to the proceeding.

(d) The assigned mediator must not discuss the merits of the matter with the assigned hearing ALJ or other members of the Office of Hearings and Mediation Services involved in the adjudication of the matter. The use of any records, notes or memoranda of the mediation and offers of settlement, compromise or similar disclosures made during the mediation must not be introduced into the adjudicatory proceeding record, without the consent of the parties unless authorized under CPLR 4547.

(e) The ALJ assigned as mediator has the power to:

(1) conduct the mediation and direct any adjournments or continuances thereof;

(2) offer opinions on the relative merits of the parties' positions and issues;

(3) facilitate the resolution of the matters at issue in the permit proceeding;

(4) in furtherance of the objectives of paragraphs (2) and (3) of this subdivision, caucus separately with the parties; and

(5) close the mediation if no reasonable progress towards resolution is being made.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 624.14

Adopted New York State Register August 21, 2024/Volume XLVI, Issue 34, eff. 8/21/2024