OATH ECB Proposed Repeal of Parks' Penalty Schedule
Proposed Rules: Closed to Comments
Statement of Basis and Purpose
OATH’s Environmental Control Board (OATH ECB) is centralizing and streamlining its hearings to make it more efficient for the public to have their cases heard. As part of this process, OATH ECB is repealing agency penalties from its rules so that they can be relocated within the rules of the agency that enforces the violations. This shift will help clarify to the public that OATH ECB is a neutral third party that hears and tries cases brought by other City agencies and is not an enforcement agency.
In this case, the Department of Parks and Recreation (DPR) will also enact a penalty schedule within its own rules (to be located at 56 RCNY 1-07). Moving the Penalty Schedule to Chapter 56 of the Rules of the City of New York, entitled “Department of Parks and Recreation,” will make it easier for the public to find the penalties, which, with one exception in the New York City Administrative Code, will be located within the same chapter as the violations alleged in the summonses.
The change effected by the proposed rule repeal also places the responsibility for determining penalty amounts on the DPR, which has the expertise to determine appropriate penalties based on the severity of each violation and its effect on park property and park users.
Furthermore, the proposed rule repeal will speed up the rulemaking process by removing the need for OATH ECB Board approval of proposed penalties for DPR rules that have already gone through the City Administrative Procedure Act (“CAPA”) rulemaking requirements. Since DPR must undergo the CAPA process when enacting or amending a rule, the public will still have the opportunity to comment on proposed penalties during the DPR rulemaking process.
§ 1. The Department of Parks and Recreation Penalty Schedule, found in Section 3-116 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York, is REPEALED.