ECB's Rules of Procedure

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, October 16, 2012
Download Copy of Proposed Rule (.pdf): 

 

 

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

Public Hearing
Subject: 

Opportunity to comment on Proposed Rule relating to procedures for adjudications conducted by the Environmental Control Board.

Public Hearing Date: 
Tuesday, October 16, 2012 - 3:30pm
Contact: 

James Macron
Counsel to the Board
Environmental Control Board (ECB)
66 John Street
10th Floor
New York, N.Y. 10038
(212) 361-1515

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