ECB's Rules of Procedure
Proposed Rules: Closed to Comments
Statement of Basis and Purpose of Proposed Rule
The Environmental Control Board (ECB) proposes to amend its procedural rules found in Subchapters C and D of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY).
This rule establishes the procedure that must be followed when a party claims that a notice of violation has been previously adjudicated. Decisions of the Board, including, for example, Appeal No. 1100289, NYC v. Leon Goldstein, have stated that, in certain circumstances, claims between the same parties that have been previously adjudicated should not be adjudicated again at a subsequent hearing.
Repeated adjudications of the same claims can create inefficiency and weigh against the interests of fairness. This proposed rule would create a uniform process that parties, hearing officers, and the Board must follow when making and deciding claims of prior adjudication.
The proposed rule would require the Board itself to review claims of prior adjudication, rather than hearing officers. Analyzing whether a notice of violation has been previously adjudicated requires a labor intensive examination of the records in two hearings, including listening to the record of the previous hearing, Therefore it would be impractical to have hearing officers review these claims. Board review of these claims would be the best use of limited governmental resources and would best serve the interests of justice.
Decisions regarding the effect of a prior adjudication apply solely to proceedings before the Board