State Codes and Statutes
Statutes > New-york > Env > Article-24 > Title-11 > 24-1103§ 24-1103. Powers. 1. The board shall have power, and it shall be its duty: a. To meet and function at any place within the state; b. To adopt, promulgate, amend and rescind suitable procedural rules with respect to the functioning of the board and the setting of time limits for the hearing of appeals, the rendering of decisions thereon, and the filing of the determination, decision or order of the board with the clerk of the county in which the freshwater wetland is located; c. To hear appeals by any party to any proceeding before the commissioner or local jurisdiction from all orders or decisions of the commissioner or local jurisdiction issued or made pursuant to this article, provided such appeals are commenced by the filing with the board of a notice of appeal within thirty days after service of such order or after notice of such decision given, as the case may be; d. To review any decision or order of the commissioner or local government made pursuant to this article upon appeal therefrom by any person or municipal corporation affected thereby, providing such review is commenced by the filing with the board of a notice of review within thirty days after service of such order or notice of such decision given, as the case may be; e. To receive briefs, and, where the board deems it advisable, to hear oral argument with respect to such appeals; f. To require the submission to it by the commissioner or local jurisdiction of an original or certified copy of the entire record on which any order or decision appealed from is based, which record need not be reproduced; g. To stay the effectiveness of any order or decision of the commissioner or local jurisdiction pending the determination of an appeal in proper cases and on such terms and conditions as the board may require. 2. The board may affirm, remand or reverse any order or decision of the commissioner or local government or remand the matter to the commissioner or local government for further proceedings in whole, or with respect to any part thereof, or with respect to any party, provided however that the board shall limit its review to whether the order or decision of the commissioner or local government is: a. in conformity with the constitution and the laws of the state and the United States; b. within the commissioner's or local government's statutory jurisdiction or authority; c. made in accordance with procedures required by law or established by appropriate rules or regulations of the commissioner or local government; d. supported by substantial evidence on the whole record; or e. not arbitrary, capricious or characterized by abuse or discretion or clearly unwarranted exercise of discretion. The commissioner or local government shall be bound by the decision of the board except to the extent such decision is reversed or otherwise modified by a court of competent jurisdiction pursuant to this article.
