N.Y. Comp. Codes R. & Regs. tit. 9, § 580.2
(8) the statutory finding required by section 814(2) of the Adirondack Park Agency Act in the case of State agency projects reviewed thereunder.
(b) When determination made.
The agency will make the determination not later than 60 calendar days (or, in the case of minor projects, 45 calendar days) following notification that the application is complete. A determination may be made prior to such notification with the agreement of the project sponsor.
(c) Delegation of determination.
The agency may, in any particular case, delegate the authority to determine to hold a public hearing, or to cancel or not schedule a hearing and approve a project upon specified conditions, to the chairman, executive director or the deputy director-regulatory programs.
(d) Notification of determination; opportunity for submission of new application.
The notification that a public hearing will be held shall state that the project sponsor may submit a new application. The hearing shall not be held or scheduled until the 15th day following the notification, unless such period is waived in writing by the project sponsor. If a new application is submitted, the agency shall reconsider its determination to hold a public hearing.
(a) Criteria.
The criteria employed in determining whether to conduct a public hearing include: