Service of Decisions and Orders
Proposed Rules: Closed to Comments
Statement of Basis and Purpose of Proposed Rule
Hand Delivery of Hearing Officer Decisions and Orders
The Environmental Control Board (ECB) is proposing to amend sections 48 RCNY 3-57, 3-71 and 3-73 of its rules of procedure. The proposed changes will allow for service by ECB of hearing officer decisions and orders by hand delivery or by mail.
ECB’s current rule, 48 RCNY 3-57,requires ECB to serve decisions and orders on all parties but is silent as to how decisions are served. However, sections 3-71 and 3-73 refer to “mailing” of decisions and orders. Currently, ECB serves all decisions and orders by mail. To reduce costs, provide an additional service option, and to further clarify when the time to appeal begins to run, ECB is amending the rule to allow for both mailing and hand delivery of decisions and orders.
The amendment to 48 RCNY 3-57 also requires amending sections 3-71 and 3-73 of ECB’s rules because, as stated above, those rules currently only refer to “mailing” of decisions and orders.
Delivery of Cease and Desist Orders and Notices of Special Hearing by Regular Mail
ECB is also amending 48 RCNY 3-91 to allow ECB to serve Cease and Desist Orders and Notices of Special Hearing by regular mail instead of by certified mail, return receipt requested. The Board issues a Cease and Desist order after the Department of Environmental Protection (DEP) has issued a respondent a notice of violation or several notices of violation, ECB has found the respondent in violation and the respondent has failed to correct the condition for which the violation was issued. The Cease and Desist Order requires the respondent to appear at a special hearing or have the equipment that is the subject of the violation sealed.
ECB has determined based on experience that service of these orders by certified mail is not needed since the DEP also serves these orders by delivering them to respondents at the address where the equipment at issue to be sealed is located. Furthermore, ECB records show that the United States Postal Service returns many of these mailings to ECB because respondents fail to go to the post office to pick them up. Finally, ECB rules provide for prompt hearing (post-sealing special hearing) should equipment be sealed based on a failure to appear at a pre-sealing hearing.