OATH ECB Final Rule - Repeal of Buildings Penalty Schedule
Adopted Rules: Closed to Comments
City of New York
Office of Administrative Trials and Hearings
Environmental Control Board
Notice of Promulgation of Rule
NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED in the Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) in accordance with Sections 1049-a and 1043 of the New York City Charter and Section 28-202.1 of the New York City Administrative Code. OATH ECB repeals its Buildings Penalty Schedule, found in Section 3-103 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY), which contains penalties for summonses issued by the New York City Department of Buildings (DOB) for violations of Title 1 of the RCNY and Titles 27 and 28 of the New York City Administrative Code. DOB promulgated a rule adding the Buildings Penalty Schedule to its rules.
The proposed rule was published in The City Record on February 27, 2017, and a public hearing was held on March 29, 2017. Three members of the public attended the public hearing and two members provided testimony. OATH ECB did not receive any written comments concerning this rule.
Statement of Basis and Purpose of Rule
The Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) repeals its Buildings Penalty Schedule, which consists of Buildings Penalty Schedule I and Buildings Penalty Schedule II. This schedule is found in 48 RCNY § 3-103, and contains penalties for violations of Title 1 of the Rules of the City of New York (RCNY) and Titles 27 and 28 of the New York City Administrative Code. At the same time, DOB has enacted a Buildings Penalty Schedule within its own rules, which will be located in 1 RCNY § 102-1. OATH ECB is in the process of repealing all penalty schedules in its rules at Subchapter G of Chapter 3 of Title 48 of the RCNY so that they can be relocated to the rules of the agencies with rulemaking and policymaking jurisdiction over the laws underlying the violations.
Although OATH ECB is empowered to impose penalties under the New York City Charter and has until now promulgated penalty schedules, the regulatory and enforcement agencies have the necessary expertise to determine appropriate penalties for violation of the rules and of the laws within their jurisdiction based on the severity of each violation and its effect on City residents. Moving the penalty schedule makes it easier for the public to find the penalties, which will be located within the same chapter as the rules supporting the violations alleged in the summonses. Finally, the rule repeal speeds up the rulemaking process by eliminating the need forOATH ECB approval of proposed or amended penalties for agency rules that have already been established by the legislature and/or that have already undergone the City Administrative Procedure Act (CAPA) process by the enforcement agency. The public will still have the opportunity to comment on proposed penalties during that process.
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Section 1. The Department of Buildings Penalty Schedule, found in Section 3-103 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York, is REPEALED.