New York Codes, Rules and Regulations, Title 16

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Chapter I RULES OF PROCEDURE

Subchapter A GENERAL

Part 1 Definitions And Applicability

N.Y. Comp. Codes R. & Regs. Tit. 16§ 1.1 Statutory terms

Unless the context otherwise requires, terms used in this Title that are defined in the Public Service Law have the meanings there given.

N.Y. Comp. Codes R. & Regs. Tit. 16§ 1.2 Other terms

Unless the context otherwise requires, the following terms have the meanings specified:

(a) Agency--any department, board, bureau, commission, division, office, council, committee, public benefit corporation, public authority, or other governmental entity of the State of New York.

(b) Chairman--the Chairman of the Public Service Commission.

(c) General counsel--the Counsel to the Public Service Commission.

(d) Party--any person or agency named or admitted to participate in a proceeding or properly seeking and entitled as of right to be so admitted.

(e) Active party--a party included on a list of active parties prepared by a presiding officer pursuant to section 4.3(b) of this Title.

(f) Presiding officer--the commissioner, or the Administrative Law Judge or other officer or employee of the commission so authorized by the chairman or by the chairman's designee, presiding over a proceeding or conducting an investigation or hearing.

(g) Secretary--the Secretary to the Commission.

(h) Trial staff--staff of the Department of Public Service designated to participate as a party in a particular proceeding. An individual need not appear as a witness to be considered part of trial staff.

(i) Overnight delivery service--any delivery service which regularly accepts items for overnight delivery to any address in the State.

(j) Web posting--publication of a document on the world wide web at an address that is known and accessible to all parties entitled to be provided with a copy of the document, in a format that allows the document to be downloaded, searched, saved and printed.

(k) Electronic signature--an electronic sound, symbol, or process, incorporated within, attached to or logically associated with an electronic document and executed or adopted by a person with the intent to sign the document.

(l) Electronic filing--delivery of a document to the secretary by e-mail or such other electronic means as may be authorized by the secretary.

(m) Electronic Service--delivery by e-mail, or such other electronic means as may be authorized by the secretary, of:

(1) a notice of web posting providing a web address linking directly to the document being served; or

(2) the document itself in a format that permits it to be searched, saved and printed by the recipient.

(n) In writing, written--denotes a tangible or electronic record of a communication or representation, including handwriting, typewriting, printing, photocopying, photography, audio or video recording and e-mail; a "signed" writing includes a writing containing an electronic signature.

N.Y. Comp. Codes R. & Regs. Tit. 16§ 1.3 Applicability

The provisions of this Subchapter shall not apply to complaints and other matters arising under Subchapter B of this Chapter, except insofar as any such matter becomes the subject of a formal proceeding instituted by the commission following a party's appeal from the decision of an informal hearing officer.