§ 1-11 Sessions of the Board

§ 1-11.1 Public Hearings

Public hearings of the Board will be held on days and times to be scheduled by the Board as may be deemed necessary. Hearings will be devoted to the consideration of applications which the Board has jurisdiction to hear as referenced in § 1-01 of these Rules.

§ 1-11.2 Special Hearings

Special public hearings and special review sessions may be called by the Chair or at the request of three (3) commissioners, provided that notice is given to each commissioner at least twenty-four (24) hours before the time set for such hearing or session. Reasonable notice of the dates and subject matter to be heard will be provided to the applicants and posted at least twenty-four (24) hours in advance on the Board's website.

§ 1-11.3 Review Sessions

Sessions for Board review of cases calendared for hearing will be held on the Monday preceding the calendared hearing date or as determined by the Board. The public may attend all review sessions, but may not participate.

§ 1-11.4 Chair and Commissioners

The Chair, or in the absence of the Chair, the Vice Chair, will preside at all hearing and review sessions. The Chair, or in the absence of the Chair, the Vice Chair, may designate another commissioner of the Board to preside and perform the duties of the Chair at hearings or review sessions. If the Chair and Vice Chair are absent and a quorum is present, the commissioners will choose a presiding officer from among their number.

Commissioners will attend review sessions and hearings in person, except that, during absence or illness a substitute may act as provided in § 25-201 (Temporary Vacancies; Filling of) of the New York City Administrative Code. Commissioners will not proceed to question or discuss an issue, put a motion or offer a resolution until they have addressed the Chair and have been recognized. During the progress of a roll call, commissioners will not leave the hearing room.

§ 1-11.5 Quorum and Voting

Public hearing or review sessions will only be conducted with a quorum. A quorum of the Board will consist of three (3) commissioners. A concurring vote of at least three (3) commissioners will be necessary for a decision to grant an application or an appeal, to revoke or modify a variance, special permit or other decision of the Board, or to make, amend, or repeal a rule or regulation. If an action fails to receive the requisite three (3) votes, it will be deemed a denial. If a commissioner or commissioners are absent at the roll call and the absentee commissioner or commissioners are eligible to vote, the Chair may defer the decision to a later time.

§ 1-11.6 Conflict of Interest

Commissioners and staff will abide by Chapter 68 of the New York City Charter regarding conflicts of interest, as well as any rules promulgated by the Conflicts of Interest Board.

§ 1-11.7 Hearing Procedure

The Chair, or in the absence of the Chair, the Vice Chair, subject to these Rules, will decide all points of order or procedure at public hearings, unless otherwise directed by a majority of the Board in session at that time. The Chair will control the order of speakers, the admission of evidence, the time permitted for each speaker, and the general decorum of the hearing room. Generally, at the hearing, the applicant will present the argument in support of the application and respond to issues raised at the review session. The Chair may then permit testimony from elected officials, community board representatives, and the general public, in accordance with § 1-11.8. The Chair may limit speakers to one (1) individual per household or tenancy within the affected area. Subject to the direction of the Board, the executive director, or his or her designee, will enforce these Rules and maintain order in the hearing room during all public hearings.

§ 1-11.8 Testimony

The applicant and any individual called by the applicant may present testimony at the hearing. In applicable cases, any person who resides at, leases, or owns real property within the affected area described in § 1-02 of these Rules, or a representative of such person, may present testimony. The Chair may permit testimony by representatives of any neighborhood, civic, business, or industry association whose members have an expertise or interest in the land use aspects of the application. The Chair may require submission of a written authorization from the organization stating the speaker's representative capacity. Any person coming forward to testify must state his or her name, address within the affected area, and/or representative capacity. Subject to the discretion of the Chair, testimony from the public may be limited to individuals or representatives of groups from the affected area.

§ 1-11.9 Continued and Closed Hearings

The Board may continue the hearing to a new date for additional testimony. All scheduled submissions from all parties must be delivered to and stamped in at the Board office with the requisite number of copies.

Upon motion of the Chair or any commissioner, the Board may vote to close the hearing and to permit no further testimony. In appropriate cases, the Chair may permit the record to remain open until a given date for submissions of written evidence. The Chair may also permit technical and other minor revisions to be accepted after the hearing is closed but before the vote. Factors the Board will consider in determining whether the revision is technical or minor include: whether the revision would have any material impact on the Board's findings, whether the revisions were discussed at a public session by the Board, or whether the revision is essentially an administrative correction.

§ 1-11.10 Late Submissions

In order to ensure a predictable and timely review of an application, submissions may not be accepted after the date established by the Chair.

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