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Office of Administrative Trials and Hearings/Environmental Control Board

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, May 16, 2016
Proposed Rules Content: 

City of New York

Office of Administrative Trials and Hearings

 

Notice of Public Hearing and Opportunity to Comment on Proposed Rules

 

What are we proposing? The Office of Administrative Trials and Hearings (OATH) proposes to modify various adjudication procedures at OATH and to allow the OATH Hearings Division to adjudicate summonses formerly heard at the Environmental Control Board and the Taxi and Limousine Tribunal. These changes reflect organizational changes at OATH and will simplify, clarify and expedite the adjudications process.

 

When and where is the Hearing? OATH will hold a public hearing on the proposed rule. The public hearing will take place at 10:30 AM on May 16, 2016. The hearing will be in the Conference Room located at 66 John Street, 10th Floor, New York, NY 10038.

 

How do I comment on the proposed rules?  Anyone can comment on the proposed rules by:

 

·    

Website.  You can submit comments to OATHthrough the NYC rules website at: http://rules.cityofnewyork.us.

 

·    

Email.  You can email written comments to: rules_oath@oath.nyc.gov.

 

·    

Mail.  You can mail written comments to: OATH, Attention: Helaine Balsam, 100 Church Street, 12th Floor, New York, NY 10007.

 

·    

Fax. You can fax written comments to OATH at: 212-933-3079.

 

·      

By Speaking at the Hearing.  Anyone who wants to comment on the proposed rule at the public hearing must sign up to speak.  You can sign up before the hearing by calling Stacey Turner, Executive Assistant to the Deputy General Counsel, at (212) 933-3007. You can also sign up in the hearing room before the hearing begins on May 16, 2016. You can speak for up to three (3) minutes.

 

Is there a deadline to submit written comments? You may submit written comments up to May 16, 2016.

 

Do you need assistance to participate in the Hearing? You must tell OATH staff if you need a reasonable accommodation for a disability at the Hearing. You must tell us if you need a sign language interpreter. You can tell us by mail at the address given above. You may also tell us by telephone at (212) 933-3007. You must tell us by May 9, 2016.

 

Can I review the comments made on the proposed rules? You can review the comments made online on the proposed rules by going to the website at http://rules.cityofnewyork.us/. A few days after the hearing, a transcript of the hearing and copies of the written comments will be available to the public at 100 Church Street, 12th Floor, New York, NY 10007.

 

What authorizes OATH to adopt this rule? Section 1049 of the New York City Charter (“Charter”) authorizes OATH to adopt this proposed rule.  OATH’s regulatory agenda for this Fiscal Year anticipated that rulemaking may be necessary to amend its existing Rules of Practice to achieve greater efficiency, fairness, consistency and access to justice.

 

Where can I find OATH’s rules?  OATH’s rules are found in Title 48 of the Rules of the City of New York, available at http://rules.cityofnewyork.us/.

 

What laws govern the rulemaking process?  OATH must meet the requirements of Section 1043(b) in the Charter when creating or changing rules. This notice is made according to the requirements of sections 1043(b) and 1049 of the Charter.

 

Statement of Basis and Purpose

 

Background

Section 1049 of the New York City Charter (Charter) authorizes the Chief Administrative Law Judge of OATH to “direct the office…with respect to its management and structure” and to “establish rules for the conduct of hearings.” This proposed rule modifies OATH’s procedural rules, which are found in Title 48 of the Rules of the City of New York (RCNY), as follows:

 

  • Sections 1 through 55 would amend the OATH Trials Division rules to clarify when a party is required or allowed to take specific actions. They would also clarify that language assistance will be provided to parties and witnesses. In addition, parties, prior to participating in a settlement conference, may now be required to submit to an administrative law judge a letter summarizing settlement negotiations and offers. They would also now be required to submit a pre-motion request for an informal conference prior to making a written motion that might allow for disposal of the case without a trial.

 

  • Sections 56 through 79 would allow the OATH Hearings Division (Hearings Division) to adjudicate summonses formerly heard at the Environmental Control Board (ECB) and the Taxi and Limousine Tribunal (TLT). 

 

More specifically, proposed changes in sections 56 through 79 include revisions to Chapters 3, 5 and 6 of Title 48 of the RCNY:

 

  • Subchapters A through F of Chapter 3 and Chapter 5 are proposed to be repealed and redrafted. Many sections contained in these Chapters and Subchapters are now contained in Chapter 6, which governs proceedings before the Hearings Division. (For example, rules pertaining to registered representatives and attorneys have been eliminated from Chapters 3 and 5, and additional requirements have been added to Chapter 6 to address concerns raised by incidents occurring over the past several years.)
  • New Chapter 3 would include additional rules that are specific to hearings formerly heard before ECB.
  • New Chapter 5 would include rules that are specific to hearings before the former TLT.
  • Chapter 6, which contains rules governing procedures at the Hearings Division, is proposed to be amended to provide for adjudication of all cases before the Hearings Division. With respect to cases that were previously adjudicated by ECB, decisions by the Hearings Division are recommendations to the ECB. If an appeal is not filed, such decisions become final orders of the ECB that may be docketed pursuant to section 1049-a(d)(1)(g) of the Charter.
  • Chapter 6 is also proposed to be amended to modify the current requirement to pay penalties and fines in full within thirty (30) days of the date of the decision. Full payment of penalties and fines will not be required within thirty (30) days if the agency responsible for collecting the payment enters into a payment plan with the respondent. The requirement to pre-pay fines or penalties prior to appeal has also been modified to permit no prepayment if OATH grants a waiver due to financial hardship, or the agency responsible for collecting penalties waives pre-payment (such as in the case of summonses previously adjudicated at the Taxi and Limousine Tribunal) or enters into a payment plan with the respondent. However, if the decision orders payment of restitution, the amount of restitution must be deposited with the issuing agency prior to acceptance of an appeal.
  • Where the rules in Chapters 3 and 5 conflict with the rules in Chapter 6, the rules in Chapters 3 and 5 take precedence.

 

This reorganization will promote the fairness, efficiency, and consistency of adjudications. It will also allow new types of cases to be adjudicated at OATH in the future.

Subject: 

OATH Proposed Model Rules

Location: 
OATH ECB
66 John Street, 10th Floor Conference Room
New York, NY 10038
Contact: 

Stacey Turner, Executive Assistant to the Deputy General Counsel, OATH, 100 Church Street, 12th Floor, New York, NY 10007 (212) 933-3007.

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

City of New York

Environmental Control Board

 

Notice of Promulgation of Rule

 

NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED in the  Environmental Control Board (ECB) in accordance with Sections 1049-a  and 1043 of the New York City Charter and Section 28-202.1 of the New York City Administrative Code. The ECB has amended its Department of Buildings (DOB) Penalty Schedule. This schedule is found in Section 3-103 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York. It contains penalties for notices of violation issued by the New York City DOB.The proposed rule was published in the City Record on February 29, 2016, and a public hearing was held on March 30, 2016. 

 

Statement of Basis and Purpose of Final Rule

 

The New York City Environmental Control Board (“ECB”) has modified the ECB Buildings Penalty Schedule to reflect the 2014 updates to the NYC Construction Codes and to more clearly and effectively allow the New York City Department of Buildings (“DOB”) to enforce particular sections of law. The ECB held a public hearing on March 30, 2016, regarding amendments to its Department of Buildings Penalty Schedule found in Section 3-103 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York.

 

This modification to the penalty schedule adds two new infractions and amends three existing infractions. The new infractions enable DOB to effectively enforce Commissioner’s Orders relating to the safe operation of construction equipment and other matters that ensure public safety. The amendments increase the penalties for inadequate safety measures during crane, derrick or other hoisting operations and for failure to safeguard all persons and property affected by construction operations, promoting DOB’s zero tolerance policy for abuses of public safety regulations.

Effective Date: 
Fri, 04/15/2016

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, May 16, 2016
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

 

 

The Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) is centralizing and streamlining its hearings to make it more efficient for the public to have their cases heard.  As part of this process, OATH ECB is proposing to amend 48 RCNY §3-100, which instructs Hearing Officers to impose penalties set forth in OATH ECB’s rules, to instruct Hearing Officers to impose penalties set forth in the current or future rules of enforcement agencies.

In addition, OATH ECB is repealing its Air Code Penalty Schedule.  This schedule is found in 48 RCNY §3-102, and contains penalties for summonses issued by the New York City Department of Environmental Protection (DEP) for violations of the Air Code. At the same time, DEP will also enact a penalty schedule within its own rules at 15 RCNY Chapter 43. In the future, OATH ECB will repeal all penalty schedules in its rules at Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY) so that they, like the Air Code Penalty Schedule, can be relocated to the rules of the agencies with primary rulemaking and policymaking jurisdiction over the laws underlying the violations. 

Although OATH ECB is empowered to impose penalties under the New York City Charter and has until now promulgated penalty schedules, the enforcement agencies have the expertise to recommend appropriate penalties based on the severity of each violation and its effect on City residents. Moving the penalty schedule will also make it easier for the public to find the penalties, which will be located within the same chapter as the rules supporting the violations alleged in the summonses. Finally, the proposed rule repeal will speed up the rulemaking process by eliminating the need for OATH ECB approval of proposed or amended penalties for agency rules that have already gone through the City Administrative Procedure Act (“CAPA”) rulemaking process.  The public will still have the opportunity to comment on proposed penalties during this process.

Subject: 

Amendment of 48 RCNY 3-100 of ECB Rules of Procedure and Repeal of ECB Air Code Penalty Schedule.

Location: 
OATH ECB
66 John Street, 10th Floor Conference Room
New York, NY 10038
Contact: 

Elizabeth Nolan, OATH ECB, 66 John Street, 10th Floor, New York, NY 10038, (212) 436-0708.

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, March 30, 2016
Proposed Rules Content: 

Statement of Basis and Purpose

The New York City Environmental Control Board (ECB) is proposing to modify the ECB Department of Buildings (DOB) Penalty Schedule found in Section 3-103 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York to encourage swift and decisive compliance with safety-related orders and other regulations at construction sites.

This proposed modification to the penalty schedule will add two new infractions and amend three existing infractions. The new infractions will enable DOB to effectively enforce Commissioner’s Orders relating to the safe operation of construction equipment and other matters that ensure public safety. The amendments increase the penalties for inadequate safety measures during crane, derrick or other hoisting operations and for failure to safeguard all persons and property affected by construction operations, promoting DOB’s zero tolerance policy for abuses of public safety regulations.

 

Subject: 

Amendment of Buildings Penalty Schedule (Operation of Construction Equipment)

Location: 
ECB Conference Room, 10th Floor
66 John Street
New York , NY 10038

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Final Rule

 

The New York City Environmental Control Board (“ECB”) has  modified  the ECB Buildings Penalty Schedule to reflect the 2014 updates to the NYC Construction Codes and to more clearly and effectively allow the New York City Department of Buildings (“DOB”) to enforce particular sections of law.

 

The ECB held a public hearing on November 10, 2015 regarding amendments to its Department of Buildings Penalty Schedule found in Section 3-103 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York. One representative from DOB attended the public hearing. No written comments or oral testimony concerning this Proposed Rule were received at the November 10, 2015 public hearing. 

 

The 2014 updates to the NYC Construction Codes amended the Administrative Code of the City of New York, the New York City Plumbing Code, the New York City Building Code, the New York City Mechanical Code and the New York City Fuel Gas Code, and brought these codes up to date with the 2009 editions of the International Building, Mechanical, Fuel Gas and Plumbing Codes. 

 

The updates amended existing requirements, added new requirements and renumbered existing sections of these Codes. The Buildings Penalty Schedule has been amended to reflect some of these changes. The rule amends the Buildings Penalty Schedule by:

·      

updating sections of law for certain violations (“Failure to provide pedestrian protection for sidewalks and walkways,” “New building or open lot occupied without a valid certificate of occupancy,” and “Failure to obey a vacate order”),

·      

updating descriptions for certain violations (“New building or open lot occupied without a valid certificate of occupancy” and “Failure to obey a vacate order”), 

·      

deleting one existing violation (“Use of supported scaffold without a scaffold user certificate”), and

·      

adding one new violation (“Scaffold training certificate card not readily available for inspection”).

 

Penalty amounts for all existing violations remain unchanged. All penalties fall within the guidelines for all classes of violations, as stated in Section 28-202.1 of the New York City Administrative Code.  The statutory maximum for each class of violation is:

Class 3 (lesser violation) -$500,

Class 2 (major violation) - $10,000, and

Class 1 (immediately hazardous violation) - $25,000.

 

Eligible Class 2 (major) violations, and all Class 3 (lesser) violations, are indicated as curable in the penalty schedule.

 

Effective Date: 
Sun, 01/10/2016

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, November 10, 2015
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

 

The New York City Environmental Control Board (“ECB”) is proposing a rule that would modify the Buildings Penalty Schedule to reflect the 2014 updates to the NYC Construction Codes and to more clearly and effectively allow the New York City Department of Buildings (“DOB”) to enforce particular sections of law.

 

The 2014 updates to the NYC Construction Codes amended the Administrative Code of the City of New York, the New York City Plumbing Code, the New York City Building Code, the New York City Mechanical Code and the New York City Fuel Gas Code, and brought these codes up to date with the 2009 editions of the International Building, Mechanical, Fuel Gas and Plumbing Codes. 

 

The updates amended existing requirements, added new requirements and renumbered existing sections of these Codes. The Buildings Penalty Schedule needs to be amended to reflect some of these changes. The proposed rule amends the Buildings Penalty Schedule by:

·       updating sections of law for certain violations (“Failure to provide pedestrian protection for sidewalks and walkways,” “New building or open lot occupied without a valid certificate of occupancy,” and “Failure to obey a vacate order”),

·       updating descriptions for certain violations (“New building or open lot occupied without a valid certificate of occupancy” and “Failure to obey a vacate order”), 

·       deleting one existing violation (“Use of supported scaffold without a scaffold user certificate”), and

·       adding one new violation (“Scaffold training certificate card not readily available for inspection”).

 

Penalty amounts for all existing violations remain unchanged. All penalties fall within the guidelines for all classes of violations, as stated in Section 28-202.1 of the New York City Administrative Code.  The statutory maximum for each class of violation is:

Class 3 (lesser violation) -$500,

Class 2 (major violation) - $10,000, and

Class 1 (immediately hazardous violation) - $25,000.

 

Eligible Class 2 (major) violations, and all Class 3 (lesser) violations, are indicated as curable in the penalty schedule.

 

 

Subject: 

Proposed Rule regarding the amendment of ECB's Buildings Penalty Schedule reflecting recent construction code amendments.

Location: 
NYC Environmental Control Board
66 John Street 10th Floor Conference Room
New York, NY 10038
Contact: 

Elizabeth Nolan at (212) 436-0708 or Jim Macron at (212) 436-0602

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Final Rule

 

The New York City Environmental Control Board (ECB) has modified the ECB Buildings Penalty Schedule found in Section 3-103 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York to enforce Local Law 77 of 2015.

 

The ECB held a public hearing on September 21, 2015 regarding amendments to its Department of Buildings (DOB) Penalty Schedule found in Section 3-103 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York. One representative from DOB attended the public hearing. No written comments or oral testimony concerning this Proposed Rule were received at the September 21, 2015 public hearing. 

 

In response to a recent outbreak of Legionnaires’ disease in the South Bronx, the City Council enacted and the Mayor signed into law Local Law 77 of 2015, effective August 18, 2015. Section one of Local Law 77 of 2015 added a new Article 317, entitled “Cooling Towers” to chapter 3 of title 28 of the New York City Administrative Code (the Code).

 

Section 28-317.3, entitled “Registration,” requires all cooling towers to be registered with the DOB before initial operation as required by the DOB Commissioner. Owners of existing cooling towers must register their towers within 30 days of the law’s effective date.  Thus, owners of existing cooling towers were required to register their towers by September 17, 2015.

 

Section 28-317.3.1, entitled “Discontinued use,” requires owners or operators of cooling towers to notify DOB within 30 days of removing or permanently discontinuing use of a cooling tower and to include in their notice a statement that the tower was drained and sanitized in compliance with Department of Mental Health and Hygiene (DOHMH) rules for discontinuance of a cooling tower.

 

Section 28-317.5, entitled “Annual certification,” requires owners or operators of cooling towers to certify that the cooling tower was inspected, tested, cleaned and disinfected in compliance with section 17-194.1 of the Code and the rules of DOHMH , and that a maintenance program and plan has been developed and implemented as required by such section. The owner or operator must submit the certification by November 1, 2016 and every November 1 of each year thereafter, or as otherwise specified in DOB’s rules.

 

Section 28-317.7, entitled “Enforcement,”  makes failure to register a cooling tower or submit a certification or statement required by new article 317 a major (also called Class 2) violation. The statutory maximum for a major violation is $10,000.

 

To support enforcement of this law, the Board has added three new charges to the Buildings Penalty Schedule.

 

 

Effective Date: 
Tue, 09/29/2015

Proposed Rules: Closed to Comments (View Public Comments Received:2)

Agency:
Comment By: 
Monday, September 21, 2015
Proposed Rules Content: 

Statement of Basis and Purpose

 

The New York City Environmental Control Board (ECB) is proposing a rule to modify the ECB Buildings Penalty Schedule found in Section 3-103 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York to enforce Local Law 77 of 2015.

 

In response to a recent outbreak of Legionnaires’ disease in the South Bronx, the City Council enacted and the Mayor signed into law Local Law 77 of 2015, which goes into effect on August 18, 2015. Section one of Local Law 77 of 2015 adds a new Article 317, entitled “Cooling Towers” to chapter three of title 28 of the New York City Administrative Code (the Code).

 

Section 28-317.3, entitled “Registration,” requires all cooling towers to be registered with the Department of Buildings (DOB) before initial operation as required by the DOB commissioner. Owners of existing cooling towers must register their towers within 30 days of the law’s effective date.

 

Section 28-317.3.1, entitled “Discontinued use,” requires owners or operators of cooling towers to notify DOB within 30 days of removing or permanently discontinuing use of a cooling tower and to include in their notice a statement that the tower was drained and sanitized in compliance with Department of Mental Health and Hygiene (DOHMH) rules for discontinuance of a cooling tower.

 

Section 28-317.5, entitled “Annual certification,” requires owners or operators of cooling towers to certify that the cooling tower was inspected, tested, cleaned and disinfected in compliance with section 17-194.1 of the Code and the rules of DOHMH , and that a maintenance program and plan has been developed and implemented as required by such section. The owner or operator must submit the certification by November 1, 2016 and every November 1 of each year thereafter, or as otherwise specified in DOB’s rules.

 

Section 28-317.7, entitled “Enforcement,”  makes failure to register a cooling tower or submit a certification or statement required by new article 317 a major (also called Class 2) violation. The statutory maximum for a major violation is $10,000.

 

To support enforcement of this new law, the Board is adding three new charges to the Buildings Penalty Schedule.

 

 

Subject: 

Proposed Rule regarding amendments to OATH ECB's Buildings Penalty Schedule concerning Cooling Towers Registration.

Location: 
Environmental Control Board
66 John Street 10th Floor Conference Room
New York, NY 10038
Contact: 

Elizabeth Nolan at (212) 436-0708 and Jim Macron at (212) 436-0602

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose of Final Rule

 

 

 

The Environmental Control Board (ECB) held a public hearing on June 15, 2015 regarding amendments to its Sanitation Penalty Schedule. The Sanitation Penalty Schedule is found in Section 3-122 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York. One individual from the public attended the June 15, 2015 public hearing. No written comments or oral testimony concerning this Proposed Rule were received at the June 15, 2015 public hearing.

 

 

 

Local Law 69 (LL 69) of 2013 holds the manufacturers of refrigerant-containing appliances responsible for the lawful recovery of refrigerants from appliances disposed of by residents.  Since the enactment of LL 69, the Department of Sanitation (DSNY) has adopted amendments to Chapter 17 of Title 16 of the Rules of the City of New York.  DSNY’s rules:

 

·       Establish the registration requirements for “responsible parties,” meaning the brand owner or manufacturer of refrigerant-containing appliances;

 

·       Describe the obligations of responsible parties, including the requirement to indicate whether they will establish their own recovery program, participate with other responsible parties in a recovery program, or partake in DSNY’s recovery program;

 

·       Establish fees associated with DSNY’s refrigerant recovery program, and describe the required information that must be contained in the biannual bill sent by DSNY to a responsible party;

 

·       Create a process by which a responsible party can challenge DSNY’s biannual bill;

 

·       Establish annual reporting requirements for responsible parties who establish their own or participate with other responsible parties in refrigerant recovery programs;

 

·       Establish violations and fines for failing to comply with certain requirements of the rule;

 

·       Establish a violation, punishable by a fine of $500, for any responsible party who disposes of a refrigerant-containing appliance without arranging for the lawful recovery of the appliance’s refrigerants, as provided by LL 69; and

 

·       Establish that enforcement proceedings may be brought as civil actions or in a proceeding before the Environmental Control Board (ECB).

 

To enforce the amendments to Chapter 17 of Title 16 of the Rules of the City of New York related to the proper disposal of refrigerants, ECB has amended its Sanitation Penalty Schedule to create penalties for violations of these rules.

 

 

 

            ECB’s authority for these rules is found in Chapter 4-E of Title 16 of the Administrative Code of the City of New York and Sections 1043(a) and 1049-a of the New York City Charter.

 

Effective Date: 
Sun, 08/09/2015

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Final Rule

 

The Environmental Control Board (ECB) held a public hearing on June 15, 2015, regarding amendments to its rules of procedure to allow for service of hearing officer decisions and orders by hand delivery or by mail. The changes will also allow for regular mailing of Cease and Desist Orders and Notices of Special Hearing. One member from the public attended the June 15, 2015, public hearing and did not wish to present oral testimony. ECB received and considered one written comment on the proposed rule regarding amendments to its rules of procedure. 

 

 

Hand Delivery of Hearing Officer Decisions and Orders

The Environmental Control Board (ECB) has amended sections 48 RCNY 3-57, 3-71 and 3-73 of its rules of procedure.  The changes will allow for service by ECB of hearing officer decisions and orders by hand delivery or by mail.

 

ECB’s current rule, 48 RCNY 3-57,requires ECB to serve decisions and orders on all parties but is silent as to how decisions are served. However, sections 3-71 and 3-73 refer to “mailing” of decisions and orders. Currently, ECB serves all decisions and orders by mail. To reduce costs, provide an additional service option, and to further clarify when the time to appeal begins to run, ECB has amended the rule to allow for both mailing and hand delivery of decisions and orders.

 

The amendment to 48 RCNY 3-57 also requires amending sections 3-71 and 3-73 of ECB’s rules because, as stated above, those rules currently only refer to “mailing” of decisions and orders.

 

Delivery of Cease and Desist Orders and Notices of Special Hearing by Regular Mail

ECB has amended 48 RCNY 3-91 to allow ECB to serve Cease and Desist Orders and Notices of Special Hearing by regular mail instead of by certified mail, return receipt requested. The Board issues a Cease and Desist order after the Department of Environmental Protection (DEP) has issued a respondent a notice of violation or several notices of violation, ECB has found the respondent in violation and the respondent has failed to correct the condition for which the violation was issued. The Cease and Desist Order requires the respondent to appear at a special hearing or have the equipment that is the subject of the violation sealed.

 

ECB has determined based on experience that service of these orders by certified mail is not needed since the DEP also serves these orders by delivering them to respondents at the address where the equipment at issue to be sealed is located. Furthermore, ECB records show that the United States Postal Service returns many of these mailings to ECB because respondents fail to go to the post office to pick them up. Finally, ECB rules provide for prompt hearing (post-sealing special hearing) should equipment be sealed based on a failure to appear at a pre-sealing hearing.

 

 

 

Effective Date: 
Sun, 08/09/2015

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