Authority to Proceed with Agency Rulemaking

Adopted Rules: Closed to Comments

Agency:
Effective Date: 
Wednesday, May 10, 2017
Download Copy of Adopted Rule (.pdf): 
NEW YORK CITY BUSINESS INTEGRITY COMMISSION

NOTICE OF ADOPTION OF FINAL RULE GOVERNING AUTHORITY TO PROCEED WITH AGENCY RULEMAKING
 

NOTICE IS HEREBY GIVEN in accordance with the requirements of section 1043 of the New York City Charter and exercising the authority vested in the Commission by sections l043(a) and 2l0l(b) of the New York City Charter that the New York City Business Integrity Commission ("BIC" or the "Commission") adopts the following rule governing Authority to Proceed with Agency Rulemaking. BIC published a Notice of Opportunity to Comment on the proposed rule in the City Record on July 7, 2016. On August 8, 2016, BIC held a public hearing on the proposed rule.

Statement of Basis and Purpose of Rule
 
Under section 2l0l of the New York City Charter, the chair of the Commission has charge of the organization of the Commission and has authority to employ, assign and superintend the duties of such officers and employees as may be necessary to carry out the Commission's regulatory duties.
 
Under this rule, the Commission would delegate authority to the chair to initiate the rulemaking process under the City Administrative Procedure Act. The Commission must still approve, by majority vote, any new rule before it is made final. This rule is necessary for BIC to continue to efficiently perform its regulatory duties.

BIC's authority for this rule is found in sections 1043(a) and 2101(b) of the New York City Charter.
 
New material is underlined.

Title 17 of the Rules of the City of New York is amended by adding a new chapter 3, to read as follows:
 
CHAPTER 3
 
RULEMAKING

§ 15-01 Proposed Rules
The chair may draft or direct to be drafted such proposed rules of the Commission as he or she may deem necessary to effectuate the provisions of section 2101 of the New York city charter and of title 16-A of the administrative code of the city of New York, and may provide for the publication and distribution of any such proposed rule and for a public hearing on any such proposed rule, all in accordance with the requirements of chapter 45 of the New York city charter. No rule of the Commission will be promulgated except by vote of a majority of the Commission, in accordance with section 1119 of the New York city charter.