N.Y. ENV Law § 27-1315

§ 27-1315. Rules and regulations.\n 1. The commissioner shall have the power to promulgate rules and\nregulations necessary and appropriate to carry out the purposes of this\ntitle. Any regulations shall include provisions which establish the\nprocedures for a hearing pursuant to subdivision four of section 27-1313\nof this title and shall ensure a division of functions between the\ncommissioner, the staff who present the case, and any hearing officers\nappointed. In addition, any regulations shall set forth findings to be\nbased on a factual record, which must be made before the commissioner\ndetermines that a significant threat to the environment exists.\n 2. Such rules and regulations of the department as shall be in effect\non the effective date of this subdivision that shall have been\npromulgated to carry out the purposes of this title shall be deemed to\nbe revised, as of the effective date of this subdivision, to include the\ndefinition of "hazardous waste" as it appears in section 27-1301 of this\ntitle.\n