Amendment of seafood distribution market rules and penalty schedule for violations relating to photo identification card compliance.

Proposed Rules: Open to Comments

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Agency:
Comment By: 
Wednesday, October 2, 2019

Statement of Basis and Purpose of Proposed Rule

Currently, BIC’s rules authorize BIC to issue penalties to businesses located in public wholesale markets regulated by the Commission that are not located in a seafood distribution area for employing an individual without an approved photo identification card. But, there currently is no corresponding rule for businesses located in a seafood distribution area. Instead, BIC is restricted to penalizing individual employees for failure to obtain an approved photo identification card. The proposed rule would authorize BIC to issue penalties to the businesses in the seafood distribution areas for employing an individual without an approved photo identification card, rather than solely relying on penalizing the individual employee. The proposed rule would also significantly lower the penalties associated with the rule for all affected businesses. In addition, it adds several new penalties to the penalty schedule, which are all already prohibited by BIC’s rules in 17 RCNY 12-18, but lacked specific penalties.
This change will allow BIC to penalize companies in a seafood distribution area that continually fail to inform their employees that they must submit a photo identification card application to the Commission upon attempting to work for a Commission-registered business. It will also reduce the total amount of the issued penalty from a maximum of $10,000 to a maximum of $1,000, thereby lessening the impact of issuance on business operations while still penalizing failure to comply with the law.
The proposed amendments would accomplish the following:

● Update the language for rules applying to public wholesale and market businesses relating to employing individuals without an approved photo identification card;

● Add a rule to the Seafood Distribution Areas section and the penalty schedule to ensure public wholesale and market businesses can be penalized for employing individuals without an approved photo identification card;

● Reduce the penalties for the rules relating to businesses employing individuals without an approved photo identification card.

● Add penalties for acts already prohibited by BIC’s rules in 17 RCNY 12-18.

Public Hearing
Subject: 

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Public Hearing Date: 
Wednesday, October 2, 2019 - 10:30am
Contact: 

Salvador Arrona, sarrona@bic.nyc.gov, 212-437-0523

Location: 
NYC Business Integrity Commission
100 Church St. 20th Floor, Conference Room 1
New York, NY 10007