Adjudication of Summonses for certain tobacco violations and synthetic marijuana violations

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, April 28, 2017
Download Copy of Proposed Rule (.pdf): 

 

STATEMENT OF BASIS AND PURPOSE

 The Department of Finance is proposing rules related to Local Law 97 of 2013, Local Law 95 of 2015 and Local Law 97 of 2015.

 The Sensible Tobacco Enforcement Law (“STE Law”) (Local Law 97 of 2013) amended Titles 11 and 17 of the New York City Administrative Code (the “Code”).  The law added new tobacco violations to Title 17 of the Code and authorized the Department of Finance (the “Department”) to enforce these new and other existing tobacco violations, including the issuance of Summonses (also known as Notices of Violation).  The STE Law also authorized the Commissioner of Finance (the “Commissioner”) to establish an adjudicative body or select an administrative tribunal to adjudicate these violations and to promulgate rules relating to such violations under Title 17 of the Code.  Additionally, the STE Law amended Titles 11 and 20 of the Code to authorize the Commissioner and the Commissioner of Consumer Affairs to order the sealing of premises when multiple violations within a prescribed period occur on the premises.

 Thereafter, Local Law 97 of 2015 amended Title 10 of the Code by adding a new § 10-203, which prohibits the manufacture, distribution or sale, and the possession with intent to sell, of any synthetic cannabinoid or synthetic phenethylamine (known as “synthetic marijuana” or “K2”).  Among other things, Local Law 97 of 2015 imposed civil penalties for the violation of these prohibitions.  Local Law 95 of 2015 amended this new § 10-203 by authorizing the suspension or revocation a cigarette dealer’s license for violating § 10-203. The civil penalties set forth in the law may be adjudicated in a proceeding before a tribunal established within the Office of Administrative Trials and Hearings (“OATH”) or within an agency designated to conduct such proceedings.  The Department is authorized by this local law to establish rules to carry out its provisions.

The Department is proposing the following rules that detail how the penalties will be adjudicated as authorized by the previously mentioned local laws. These rules would:

·         Designate the OATH Hearings Division to adjudicate Summonses for tobacco violations

·         Designate the OATH Hearings Division to adjudicate Summonses for synthetic marijuana (K2) violations

Public Hearing
Subject: 

The Department of Finance is considering adding rules regarding the adjudication of Summonses (also known as Notices of Violation (“NOVs”)) that DOF will issue for certain tobacco violations and synthetic marijuana violations

Public Hearing Date: 
Wednesday, May 31, 2017 - 11:00am
Contact: 

You may contact Joan Best (by telephone, (718) 488-2007 or TTY (212) 639-9675) or by email (bestj@finance.nyc.gov) to make your accommodation request. You can email written comments to MulliganJ@finance.nyc.gov. You can mail written comments to NYC Department of Finance, Legal Affairs Division, 345 Adams Street, 3rd Floor, Brooklyn, N.Y. 11201, Attn: John Mulligan. You can fax written comments to NYC Department of Finance, Attn: John Mulligan, at (718) 488-2037.

Location: 
NYC Department of Finance, Legal Affairs Division
345 Adams Street, 3rd Fl.
Brooklyn, NY 11201