The Board of Commissioners for the Sewer District shall:
A. 
Adopt within its rules a description of its organization, stating the general course and method of operation and designate where applications, requests and submissions shall be made.
B. 
Adopt rules stating the nature and requirements of all formal and informal procedures in applying for a license or permit, requesting a hearing, and submitting or opposing the adoption of any rule.
C. 
Make all rules, orders, statements of policy or interpretation used by the sewer district in the discharge of its functions available for public inspection. This provision is not applicable in favor of any person or party who has actual knowledge thereof.
The Board of Commissioners for the sewer district, prior to the adoption of any new rules or amendment or appeal of any rule, shall:
A. 
Publish notice at least 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 persons reasonable opportunity to submit data, views or argument, orally or in writing. Reasons for adoption and/or refusal of proposed rule(s) as well as the decision of the Board of Commissioners shall be recorded and made available for public inspection. If the Executive Director believes emergency action is required under § 345-142 the Board of Commissioners may waive notice and proceed without prior notice or hearing to adopt an emergency rule. The emergency rule shall be effective for a period of not longer than 120 days unless it is readopted under this section.
A. 
The Executive Director shall file a certified copy of each rule with the County Clerk of Rockland and with the Clerk to the County Legislature. The Clerk to the Legislature will keep a permanent file which may be inspected upon request during normal business hours.
B. 
The rule shall be effective 10 days after the filing, except that if the rule has been adopted under the emergency procedure (§ 345-123B) then the rule is effective upon filing.
The Board of Commissioners and/or the Executive Director shall compile, index and publish all effective rules. The compilation shall be supplemented as often as necessary. Copies of the compilation shall be open for inspection, upon request, at the office of the Board of Commissioners of the sewer district during normal public hours; copies will be made available to the Board of Commissioners in accordance with law.
Any interested person may petition the sewer district requesting the promulgation, amendment or appeal of a rule. Within 30 days after submission of a petition the Board of Commissioners shall either deny the petition in writing, stating its reasons, or shall initiate rule-making proceedings in accordance with § 345-123.
A formal request of the Executive Director for a declaratory opinion shall be acknowledged within 10 days. The Executive Director may state his opinion of the petitioner's position and the policy of his office. The Board of Commissioners of the sewer district shall be informed of all opinions and such opinions are not binding on the Board of Commissioners but shall be reviewed, with notice, upon a formal request of any party, the Executive Director or the Board of Commissioners. After review, the Board of Commissioners will issue a declaratory ruling to be filed in accordance with the provisions of § 345-124 of this chapter.
A. 
In a contested case, all parties shall be afforded opportunity for hearing after reasonable notice. The hearing shall be conducted by the Board of Commissioners or a hearing officer appointed by the Board of Commissioners.
B. 
The notice shall include:
(1) 
A statement of the time, place and nature of the hearing.
(2) 
A statement of the legal authority and jurisdiction under which the hearing is to be held.
(3) 
A reference to the particular sections of the statutes and rules involved.
(4) 
A short and plain statement of the matters asserted. If the sewer district or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter, upon application, a more definite and detailed statement shall be furnished.
C. 
Unless precluded by law, informational disposition may be made of any contested case by stipulation, agreement, settlement, consent order or default.
D. 
The record in a contested case shall include:
(1) 
All pleadings, motions and intermediate rulings.
(2) 
Evidence received or considered.
(3) 
A statement of matters officially noticed.
(4) 
Questions and offers of proof, objections and rulings thereon.
(5) 
Proposed findings and exceptions.
(6) 
Any decision, opinion or report by the officer presiding at the hearing.
(7) 
All staff memoranda or data submitted to the hearing officer or members of the Board of Commissioners in connection with their consideration of the case.
E. 
Oral proceedings or any part thereof shall be transcribed on request of any party and paid for by the requesting party.
F. 
Findings of fact shall be based exclusively on the evidence and on matters officially noticed.
In contested cases:
A. 
Irrelevant, immaterial or unduly repetitious evidence shall be excluded. The rules of evidence as applied in nonjury civil cases in the Supreme Courts of this state shall be followed. When necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence not admissible thereunder may be admitted (except where precluded by statute) if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs. The Sewer District shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and noted in the record. Subject to these requirements, when a hearing will be expedited and the interest of the parties will not be prejudiced substantially, any part of the evidence may be received in written form.
B. 
Documentary evidence may be received in the form of copies or excerpts, if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original.
C. 
A party may conduct cross-examinations required for a full and true disclosure of the facts.
D. 
Notice may be taken of judicially cognizable facts. In addition, notice may be taken of general recognized technical or scientific facts within the Sewer District's specialized knowledge. Parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material noticed including any staff memoranda or data, and they shall be afforded an opportunity to contest the material so noticed. The Sewer District's experience, technical competence and specialized knowledge may be utilized in the evaluation of the evidence.
When in a contested case a majority of the members of the Board of Commissioners who are to render the final decision have not heard the case or read the record, the decision, if adverse to a party to the proceeding other than the sewer district itself shall not be made until a proposal for decision is served upon the parties, and an opportunity is afforded to each party, adversely affected to file exceptions and present briefs and oral argument to the members who are to render the decision. The proposal for decision shall be prepared by the person who conducted the hearing or one who has read the record. The parties, by written stipulation, may waive compliance with this section.
A final decision or order adverse to a party in a contested case shall be in writing or stated in the record. A final decision shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the finding. If, in accordance with the rules of the sewer district, a party submitted proposed findings of fact, the decision shall include a ruling upon each proposed finding. Parties shall be notified, either personally or by mail, of any decision or order.
A. 
Unless required for the disposition of ex parte matters authorized by law, members or employees of the sewer district assigned to render a decision or to make findings of fact and conclusions of law in a contested case shall not communicate, directly or indirectly, in connection with any issue of fact, with any issue of law, with any party or its representative, except upon notice and opportunity for all parties to participate.
B. 
A member of the sewer district:
(1) 
May communicate with other members of the sewer district.
(2) 
May have the aid and advice of one or more personal assistants.
A. 
When the grant, denial or renewal of a permit is required to be preceded by notice and opportunity for hearing, the provisions of this chapter concerning contested cases shall apply.
B. 
When a permittee has made timely and sufficient application for the renewal of a permit or a new permit with reference to any activity of a continuing nature, the existing permit does not expire until the application has been finally determined by the Board of Commissioners and, in case the application is denied or the terms of the new permit limited, until the last day for seeking review of the order of the Board of Commissioners or a later date fixed by order of the reviewing court.
C. 
No revocation, suspension, annulment or withdrawal of any permit is lawful unless, prior to the institution of agency proceedings, the Executive Director or Board of Commissioners gave notice by mail to the permittee of facts or conduct which warrant the intended action and the permittee was given an opportunity to show compliance with all lawful requirements for the retention of the permit. If the Executive Director finds that public health, safety or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, summary suspension of a permit may be ordered pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined.
A. 
A party who has exhausted all administrative remedies available within the sewer district and who is aggrieved by a final decision in a contested case is entitled to review.
B. 
Review of a rate-making determination shall be accomplished by petition to the Rockland County Legislature and/or a successor body designated pursuant to law.
C. 
Review of other decisions are instituted by filing a petition in the Supreme Court of the County of Rockland within 30 days after the final decision of the Board of Commissioners or, if a rehearing is requested, within 30 days after the decision thereon. Copies of petition shall be served upon all parties.
D. 
The filing of the petition does not itself stay enforcement of the Board of Commissioners' decision, though a stay may be granted upon appropriate terms by the Board of Commissioners of the Rockland County Sewer District.
E. 
Within 30 days after the service of the petition or within further time allowed by the court, the Board of Commissioners and/or the Executive Director shall transmit to the reviewing court the original copy of the entire record of proceeding under review.