OATH Proposed Repeal of the FDNY Penalty Schedule

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, August 15, 2017
Download Copy of Proposed Rule (.pdf): 

City of New York

Office of Administrative Trials and Hearings

Environmental Control Board

 

Notice of Public Hearing and Opportunity to Comment on Proposed Rule

 

What are we proposing? The Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) proposes to repeal its Fire Penalty Schedule rule.  This schedule is found in Section 3-106 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY), and consists of Fire Penalty Schedule I and Fire Penalty Schedule II, which govern violations occurring on/before or after June 30, 2008, respectively. The Fire Penalty Schedule rule contains penalties for notices of violation issued by the New York City Fire Department (FDNY) for violations of Titles 15, 28, and 29 of the New York City Administrative Code, and Title 3 of the Rules of the City of New York. FDNY is proposing a companion rule adding the Fire Penalty Schedule applicable to violations occurring after June, 2008 to its rules.

 

When and where is the Hearing? OATH ECB will hold a public hearing on the proposed rule. The public hearing will take place from 10:30 a.m. through 12:00 p.m. on August 15, 2017. The hearing will be in the OATH ECB Conference Room located at 66 John Street, 10th Floor, New York, NY 10038.

 

This location has the following accessibility option(s) available: Wheelchair Accessible.

 

How do I comment on the proposed rules? Anyone can comment on the proposed rule by:

 

 

 

  • Mail.  You can mail written comments to OATH ECB, Attention: Simone Salloum, Assistant General Counsel, 66 John Street, 10th Floor, New York, NY 10038.

 

  • Fax. You can fax written comments to OATH ECB, Attention: Simone Salloum, Assistant General Counsel, at (212) 361-1900.

 

  • Hearing.  You can speak at the hearing. Anyone who wants to comment on the proposed rule at the public hearing must sign up to speak. You can sign up before the hearing by calling Elizabeth Nolan at (212) 436-0708, or you can also sign up in the hearing room before the hearing begins on August 15, 2017. You can speak for up to three (3) minutes.

 

Is there a deadline to submit written comments? You may submit written comments up to 5:00 p.m. on August 15, 2017.

 

What if I need assistance to participate in the Hearing? You must tell us if you need a reasonable accommodation of a disability at the Hearing. You must tell us if you need a sign language interpreter. You can tell us by mail at the address given above. You may also call Elizabeth Nolan by telephone at (212) 436-0708 to request a reasonable accommodation. Please tell us by August 8, 2017.

 

Can I review the comments made on the proposed rule? You can review the comments that have been submitted online by visiting the NYC rules website at http://rules.cityofnewyork.us/. A few days after the hearing, a transcript of the hearing and copies of the written comments will be available to the public at OATH ECB, 66 John Street, 10th Floor, New York, NY 10038.

 

What authorizes OATH ECB to make this rule? Section 1049-a of the City Charter authorizes OATH ECB to make this proposed rule. This proposed rule is included in OATH’s regulatory agenda for this Fiscal Year.

 

Where can I find OATH ECB’s rules? OATH ECB’s rules are in Title 48 of the Rules of the City of New York.

 

What rules govern the rulemaking process? OATH ECB must meet the requirements of Section 1043(b) of the City Charter when creating or changing rules. This notice is made according to the requirements of Sections 1043(b) and 1049-a of the City Charter.

 

 

Statement of Basis and Purpose of Proposed Rule

 

The Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) is proposing to repeal its Fire Penalty Schedule rule, which consists of Fire Penalty Schedule I and Fire Penalty Schedule II.  This schedule is found in 48 RCNY § 3-106, and contains penalties for violations of provisions in Titles 15, 28, and 29 of the New York City Administrative Code, and Title 3 of the Rules of the City of New York. At the same time, FDNY is also proposing to enact a Fire Penalty Schedule within its own rules, which will be located in 3 RCNY § 109-03. 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 will also make 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 proposed rule repeal will speed up the rulemaking process by eliminating the need for OATH 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.

 

Working with the City’s rulemaking agencies, the Law Department, the Mayor’s Office of Management and Budget, and the Mayor’s Office of Operations conducted a retrospective rules review of the City’s existing rules, identifying those rules that will be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to help support public understanding and compliance. This proposed rule repeal was identified as meeting the criteria for this initiative.

 

 

New material is underlined.

[Deleted material is in brackets.]

 

Section 1. The Fire Penalty Schedule, which consists of Fire Penalty Schedules I and II and is found in Section 3-106 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York, is REPEALED.

 

 

Public Hearing
Subject: 

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Public Hearing Date: 
Tuesday, August 15, 2017 - 10:30am
Contact: 

Elizabeth Nolan, (212) 436-0708, enolan@oath.nyc.gov

Location: 
OATH 10th Floor Conference Room
66 John Street, 10th Floor
New York, NY 10038