Omnibus Rules Amendments

Proposed Rules: Closed to Comments

Comment By: 
Wednesday, June 7, 2017

Statement of Basis and Purpose of Proposed Rule

Several of the Commission’s rules have not been updated since they were promulgated. The result is that these rules may not reflect some of the changes in technology and changes in the trade waste industry and the public wholesale food markets. In addition to adding clarifying language and making rules easier to understand and consistent with each other, the Commission proposes to eliminate some existing rules because they are obsolete. In addition, these proposed rules, which apply to trade waste licensees, registrants, applicants for trade waste licenses and registrations, wholesale business registrants, market business registrants, labor union and labor organization registrants, wholesale trade association registrants, photo identification card holders, and applicants for the same, modify the Commission’s current rules to allow for electronic communications between the Commission and entities that are regulated by the Commission.

Under these proposed rule modifications, the Business Integrity Commission would:

  • Add e-mail as a form of service;
  • Remove references to the Department of Consumer Affairs as the forum for certain hearings;
  • Specify exceptions to the disclosure of criminal history pursuant to the New York State Executive Law (the so-called “Ban the Box” legislation);
  • Clearly add the failure to appear, be examined, or to provide testimony under oath as prohibited conduct;
  • Remove the obsolete requirement for a uniform chart of accounts;
  • Require applicants to provide e-mail addresses on applications;
  • Require applicants/licensees/registrants to provide driver’s license information for employees who will operate vehicles pursuant to the license or registration;
  • Clearly specify reasons that a contract between a trade waste licensee and a customer will be voidable;
  • Clarify language to require that changes in material information are required to be provided to the Commission within 10 business days;
  • Clarify language regarding when Commission-issued license plates must be returned to the Commission;
  • Eliminate the obsolete requirement for trade waste brokers to post their Commission-issued registration at their place of business;
  • Remove some obsolete requirements for trade waste brokers. Simplify other requirements for trade waste brokers;
  • Remove the obsolete requirement that all written communications, advertisements, etc. must include licensee’s and registrant’s BIC-issued number;
  • Clearly state that license and registration renewal applications must be timely-filed;
  • Eliminate fees for Class 1 registrants that are not-for-profit corporations;
  • Require licensees to file a customer register on a quarterly basis;
  • Allow registrants the option to deliver insurance certificates to BIC in person, by regular mail, or by e-mail; and
  • Convert text throughout to plain language and use other plain language edits to make the text easier to read.

Working with the City’s rulemaking agencies, the Law Department, and OMB, the 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. These proposed rule modifications were identified through this initiative.

Public Hearing

Notice of Public Hearing and Opportunity to Comment on Proposed Rules

Public Hearing Date: 
Wednesday, June 7, 2017 - 10:00am

Salvador Arrona

100 Church St. 2nd Floor, conference room number 2-160A
New York, NY 10007