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Adopted Rules: Closed to Comments

Adopted Rules Content: 

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. OATH ECB has repealed its Public Wholesale Markets, Fulton Fish Market, and Other Public Markets Penalty Schedule rule in Section 3-108 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York. The proposed rule repeal was published in The City Record on July 6, 2018, and a public hearing was held on August 6, 2018. 

No one attended or testified at the public hearing concerning this rule repeal and OATH did not receive any written comments. 

Statement of Basis and Purpose of Final Rule

The Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) has repealed its Public Wholesale Markets, Fulton Fish Market, and Other Public Markets Penalty Schedule rule.  This schedule had been found in § 3-108 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY), and it contained penalties for violations of provisions in Title 22 of the Administrative Code of the City of New York, and Title 17 of the RCNY. At the same time, the Business Integrity Commission has adopted a rule, adding a similar penalty schedule to Section 11-22 of Title 17 of the RCNY.

The context for this repeal is that OATH ECB is in the process of repealing all penalty schedules in its rules codified at Subchapter G of Chapter 3 of Title 48 of the RCNY so that they can be incorporated into the rules of the agencies having 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 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 could 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 rule repeal was identified as meeting the criteria for this initiative.

Section 1. The Public Wholesale Markets, Fulton Fish Market, and Other Public Markets Penalty Schedule rule, found in Section 3-108 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York, is REPEALED.

 

Effective Date: 
Wed, 10/17/2018

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, August 6, 2018
Proposed Rules Content: 

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 Public Wholesale Markets, Fulton Fish Market, and Other Public Markets Penalty Schedule rule (the “Markets Penalty Schedule”). This schedule is currently found in § 3-108 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY), and it contains penalties for violations of provisions in Title 22 of the New York City Administrative Code, and Title 17 of the Rules of the City of New York. At the same time, the Business Integrity Commission (“BIC”) is proposing a similar penalty schedule in Section 11-22 of Title 17 of the Rules of the City of New York.

The context for this proposed repeal is that OATH ECB is in the process of repealing all penalty schedules in its rules codified at Subchapter G of Chapter 3 of Title 48 of the RCNY so that they can be incorporated into the rules of the agencies having 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 to the enforcement agency’s rules 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 could 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. 

Section 1. The Public Wholesale Markets, Fulton Fish Market, and Other Public Markets Penalty Schedule rule, found in Section 3-108 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York, is REPEALED.

 

 

 

Subject: 

OATH ECB Proposed Repeal of the Markets Penalty Schedule

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

OATH Rules (212) 436-0708

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, June 7, 2017
Proposed Rules Content: 

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.

Subject: 

Notice of Public Hearing and Opportunity to Comment on Proposed Rules

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

Salvador Arrona sarrona@bic.nyc.gov

Adopted Rules: Closed to Comments

Adopted Rules Content: 
NEW YORK CITY BUSINESS INTEGRITY COMMISSION

NOTICE OF ADOPTION OF FINAL RULE GOVERNING AUTHORITY TO PROCEED WITH AGENCY RULEMAKING
 

NOTICE IS HEREBY GIVEN in accordance with the requirements of section 1043 of the New York City Charter and exercising the authority vested in the Commission by sections l043(a) and 2l0l(b) of the New York City Charter that the New York City Business Integrity Commission ("BIC" or the "Commission") adopts the following rule governing Authority to Proceed with Agency Rulemaking. BIC published a Notice of Opportunity to Comment on the proposed rule in the City Record on July 7, 2016. On August 8, 2016, BIC held a public hearing on the proposed rule.

Statement of Basis and Purpose of Rule
 
Under section 2l0l of the New York City Charter, the chair of the Commission has charge of the organization of the Commission and has authority to employ, assign and superintend the duties of such officers and employees as may be necessary to carry out the Commission's regulatory duties.
 
Under this rule, the Commission would delegate authority to the chair to initiate the rulemaking process under the City Administrative Procedure Act. The Commission must still approve, by majority vote, any new rule before it is made final. This rule is necessary for BIC to continue to efficiently perform its regulatory duties.

BIC's authority for this rule is found in sections 1043(a) and 2101(b) of the New York City Charter.
 
New material is underlined.

Title 17 of the Rules of the City of New York is amended by adding a new chapter 3, to read as follows:
 
CHAPTER 3
 
RULEMAKING

§ 15-01 Proposed Rules
The chair may draft or direct to be drafted such proposed rules of the Commission as he or she may deem necessary to effectuate the provisions of section 2101 of the New York city charter and of title 16-A of the administrative code of the city of New York, and may provide for the publication and distribution of any such proposed rule and for a public hearing on any such proposed rule, all in accordance with the requirements of chapter 45 of the New York city charter. No rule of the Commission will be promulgated except by vote of a majority of the Commission, in accordance with section 1119 of the New York city charter.
Effective Date: 
Wed, 05/10/2017