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Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rules

In October 2016, the City Council passed Local Law 140 of 2016, which requires hiring parties to make timely payment to freelance workers for services performed pursuant to contract. The City Council determined that protecting freelance workers against non-payment would have a positive effect on the local economy, the freelance industry, and the financial security of freelance workers’ families, and result in a more prosperous city.

 These rules clarify provisions in the law, establish requirements to implement and meet the goals of the law, and provide guidance to covered hiring parties and protected freelance workers. Specifically, these rules:

 Define “adverse action;”

  • Clarify that the provisions of law apply without regard to immigration status;
  • Clarify what is included in the value of contracts between hiring parties and freelance workers for purposes of jurisdiction and damages calculation;
  • Describe the scope and mechanics of anti-retaliation protections for freelance workers; and

Clarify the law’s prohibition on waiver of rights in contracts

Effective Date: 
Mon, 07/24/2017

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, June 26, 2017
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rules

Chapter 6 of Title 6 of the Rules of the City of New York contains the rules implementing Executive Order No. 18, dated June 23, 2016, which transferred DCA’s adjudicatory responsibilities to the Office of Administrative Trials and Hearings (OATH).  The rules provide guidance to those who want to settle their violations before appearing at OATH, including by setting fixed penalties for violations issued by the Department.

The proposed rules seek to provide additional guidance by clarifying the Commissioner’s enforcement powers with respect to unlicensed activities and authority to seal premises under the Administrative Code of the City of New York and any other city, state or federal law conferring such power upon the Commissioner.  The proposed rules also seek to clarify that if a penalty is not specifically provided for a violation of law or rule that is within DCA’s jurisdiction to enforce, Section 2203(h)(1), which authorizes DCA to impose civil penalties up to $500, will apply.  The proposed rules also seek to amend the fixed penalties for violations of the consumer protection and public safety laws and establish additional fixed penalties for violations of laws and rules related to dealers in second-hand articles, debt collection agencies, carpet VOC emissions, air conditioning, and pregnancy services centers.      

Keywords:
Subject: 

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Location: 
NYC Department of Consumer Affairs
42 Broadway 5th Floor
New York, NY 10004
Contact: 

Casey Adams, 212-436-0095; cadams@dca.nyc.gov

Proposed Rules: Closed to Comments (View Public Comments Received:1)

Agency:
Comment By: 
Wednesday, May 31, 2017
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rules

In October 2016, the City Council passed Local Law 140 of 2016, which requires hiring parties to make timely payment to freelance workers for services performed pursuant to contract. The City Council determined that protecting freelance workers against non-payment would have a positive effect on the local economy, the freelance industry, and the financial security of freelance workers’ families, and result in a more prosperous city.
These proposed rules clarify provisions in the law, establish requirements to implement and meet the goals of the law, and provide guidance to covered hiring parties and protected freelance workers. Specifically, these rules:

  • Define “adverse action;”
  • Clarify that the provisions of law apply without regard to immigration status;
  • Clarify what is included in the value of contracts between hiring parties and freelance workers for purposes of jurisdiction and damages calculation;
  • Describe the scope and mechanics of anti-retaliation protections for freelance workers; and
  • Clarify the law’s prohibition on waiver of rights in contracts.

“Shall” and “must” denote mandatory requirements and may be used interchangeably in the rules of this department, unless otherwise specified or unless the context clearly indicates otherwise.

Keywords:
Subject: 

Implementation of Freelance Isn’t Free Act

Location: 
Department of Consumer Affairs hearing room
42 Broadway (5th Floor)
New York, NY 10004

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, March 31, 2017
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule


The City Council enacted Local Laws 79 and 80 amending Section 20-672 of the New York City Administrative Code to require, among other things, that all gasoline stations that post road signs include on their signs the price of the lowest grade of gasoline offered for sale, and if the cash price is less than the price charged for other forms of payment, the price for each type of accepted payment.  This proposed rule amends 6 RCNY § 4-63(b) to implement the changes made to Section 20-672 of the Administrative Code.

The proposed rule also removes certain requirements that were added to 6 RCNY 4-63(b) in 2013, but have not been enforced by the Department of Consumer Affairs because of difficulties faced by the industry in complying with them.  For example, the proposed rule eliminates the requirement that every sign have type size of at least 430 points and the requirement that gasoline stations must have a sign that can be seen from the road and is of a certain size.  Removing these requirements will provide regulatory relief  and make it easier to own and operate a gasoline station.

The proposed rule was not included in the Department of Consumer Affairs regulatory agenda because the rule was not anticipated at the time the regulatory agenda was created.

Subject: 

Information Required to be Provided on Petroleum Product Signs

Location: 
42 Broadway (5th Floor)
New York, NY 10004
Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rules

 

In January 2016, the City Council passed Local Law 11 of 2016, which requires successor employers in the grocery industry to retain eligible employees for a transitional employment period. The City Council determined that protecting grocery workers would have a positive effect on the local economy, the grocery industry, and the financial security of grocery store employees’ families, and result in a more prosperous city.

 

These rules clarify provisions in the law, establish requirements to implement and meet the goals of the law, and provide guidance to covered grocery establishments and protected employees. Specifically, these rules:

 

  • Define “confidential employee;”
  • Describe the means by which an incumbent grocery employer may comply with the requirement to post employee notices;
  • Provide a method for determining the seniority of eligible grocery employees;
  • Clarify the record keeping requirements regarding grocery employer maintenance and provision of records, and the consequences for failing to maintain, retain, or produce such records;
  • Describe the circumstances in which the Department will issue a Notice of Violation to an employer;
  • Describe the circumstances in which a grocery employer must give the Department access to records, and define “appropriate notice” of the need for such access by the Department;
  • Require the Department, prior to settling any complaint, to give complainants notice of the proposed settlement; and
  • Describe the method by which a complainant may opt out of a Department settlement and describe the method by which a complainant may withdraw their complaint with the Department.
Effective Date: 
Thu, 11/10/2016

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Notice of Adoption of Rule

 

Notice of adoption of new rules relating to the Department’s licensing and regulation of car washes.

 

NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED IN the Commissioner of the Department of Consumer Affairs (“Department”) by Section 2203 of the New York City Charter and sections 20-104(b), 20-108 and 20-546 of Title 20 of the Administrative Code of the City of New York, and in accordance with the requirements of Section 1043 of the New York City Charter, that the Department promulgates and adopts Sections 2-431, 2-432, and 2-433 of new Subchapter HH of Chapter 2, and amends Section 1-02 of Chapter 1, of Title 6 of the Rules of the City of New York, to implement and carry out the provisions of Local Law 62 of 2015 requiring car washes in New York City to be licensed and regulated by the Department.

 

The rules were proposed and published on May 13, 2016.  The required public hearing was held on June 20, 2016.

 

Statement of Basis and Purpose of Rule

The City Council enacted Local Law 62 for the Year 2015, adding Subchapter 33 to Title 20 of the New York City Administrative Code to require car washes in New York City to be licensed and regulated by the Department.  Local Law 62 also amends Chapter 5 of Title 24 of the Code to add standards for car washes with regard to water and waste disposal. 

These rules establish requirements to implement the Law.  Specifically, these rules:

  • Add a new subchapter HH to Chapter 2 of Title 6 of the Rules of the City of New York to implement the requirements for the Department’s licensing and regulation of car washes. 
  • Amend section 1-02 of Chapter 1 of Title 6 to set October 31 of odd-numbered years as the expiration date for the biannual car wash licenses.
  • Describe insurance requirements for applicants and licensees.
  • Describe surety bond requirements for applicants and licensees.
  • Establish record keeping requirements for complaints relating to damage of vehicles.
Effective Date: 
Wed, 10/26/2016

Adopted Rules: Closed to Comments

Adopted Rules Content: 

  New York City Department of Consumer Affairs

Notice of Adoption of Rule

Notice of Adoption of Chapter 11 of Title 6 of the Rules of the City of New York.

 

NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED IN the Commissioner of the Department of Consumer Affairs by Section 6-134 of Chapter 1 of Title 6 of the Administrative Code of the City of New York and in accordance with the requirements of Section 1043 of the New York City Charter, of the adoption by the Department of an amendment to Title 6 of the Rules of the City of New York by adding Chapter 11 to clarify certain provisions of the “Fair Wages for New Yorkers Act,” Section 6-134 of Chapter 1 of Title 6 of the Administrative Code of the City of New York (as added by Local Law 37 for the year 2012), which requires certain employers that receive financial assistance with a value of one million dollars or more from the City of New York to pay their employees no less than a living wage, and pursuant to Executive Order No. 7 of 2014, which broadened the scope of the Fair Wages for New Yorkers Act, and to provide guidance to covered employers and protected employees. 

 

The rule was proposed and published in the City Record on July 21, 2016.  The required public hearing was held on August 22, 2016.

 

Statement of Basis and Purpose of Rules

The “Fair Wages for New Yorkers Act,” Section 6-134 of Chapter 1 of Title 6 of the Administrative Code of the City of New York (as added by Local Law 37 for the year 2012), requires certain companies that receive at least one million dollars of financial assistance from the City of New York to pay their employees no less than a living wage. Executive Order No. 7 for the year 2014 broadened the scope of the Fair Wages for New Yorkers Act, including specifying other “additional covered employers” that are required to pay no less the living wage to their employees at project sites.

These rules add a new Chapter 11 to Title 6 of the Rules of the City of New York to clarify provisions in the Fair Wages for New Yorkers Act (the Living Wage Law) and Executive Order No. 7, establish requirements to implement the law and meet its goals, and provide guidance to employers and employees.  Specifically, these rules:

  • Establish that covered employers and additional covered employers must pay the living wage to their employees;
  • Set forth distribution and posting requirements for employee notices required;
  • Set forth recordkeeping requirements;
  • Clarify the Living Wage Law’s definition of “financial assistance recipient” and the Executive Order’s definition of “subsidy recipient;”
  • Outline the Department’s enforcement steps, including how a covered employer may cure a violation, how the Department will commence a case, and how the Department may settle a complaint;
  • Clarify that the Office of Administrative Trials and Hearings (OATH) will issue a decision on the record in all cases;
  • Provide guidance to employers on how an OATH administrative law judge may calculate back wages for an employee;
  • Clarify that if one or more employees start or have a civil action pending, it does not preclude the Department from commencing, prosecuting, or settling a case based on some or all of the same violations; and
  • Clarify what other appropriate relief may be imposed for a violation, in addition to the penalties set forth in the law.
Effective Date: 
Sat, 10/15/2016

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

Section 20-104(a) of the New York City Administrative Code (“Admin. Code”) gives the Commissioner authority over all licenses issued under Chapter Two of Title 20 of the Admin. Code, including the general vendor licenses issued pursuant to New York City’s General Vendor Law (the “GVL”), as codified in Subchapter 27 of Chapter 2 of Title 20 of the Admin. Code.  The GVL regulates the sale or offering for sale of non-food goods and services on New York City streets.  With some exceptions, it is unlawful for an individual to sell or offer to sell goods or services on City streets without first obtaining a general vendor license from DCA.

The requirement to be licensed does not apply to honorably discharged veterans who, under Section 32 of the NYS General Business Law, are allowed to vend free from the interference of local government.  The licensing requirement also does not apply to vendors who exclusively sell newspapers, periodicals, books, pamphlets and other similar written matter.  In addition, the City has agreed not to enforce its licensing requirement against individuals who sell paintings, photographs, prints and/or sculptures.   

Administrative Code § 20-459(a) limits the number of general vendor licenses that DCA may issue to 853.  DCA will develop and maintain a waiting list of prospective applicants over and above the 853 cap.  The waiting list will be open to prospective applicants for 30 days, during which time DCA will accept as many prospective applicants as requests a position on the list.  After 30 days, the list will close, and there will not be another opportunity for individuals to become prospective applicants until the Department determines that the waiting contains fewer than 300 names.

The rule adds Section 2-319 to the rules applicable to DCA’s licensing of general vendors. 

 

The rule:

  • establishes a waiting list for general vendor licenses for individuals not exempt from the licensing requirement;
  • specifies the procedure for DCA to notify individuals of the existence of the waiting list and the manner in which a position on the list may be requested;
  • specifies the system by which prospective applicants will be assigned ranks on the waiting list; and
  • specifies the procedures pursuant to which DCA will notify prospective applicants of their eligibility to submit general vendor applications.
Effective Date: 
Sun, 10/02/2016

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose of Rules

Chapter 6 of Title 6 of the Rules of the City of New York, entitled “Administrative Hearings,” contains the procedural rules of the Department of Consumer Affairs’ (“Department”) administrative tribunal.  By Executive Order No. 18, dated June 23, 2016, the Mayor transferred adjudications within the jurisdiction of the Department’s administrative tribunal to the Office of Administrative Trials and Hearings (“OATH”). 

Beginning on August 22, 2016 or as soon thereafter as may be practicable, OATH will adjudicate all pending and future violations issued by the Department.  Chapter 1 and Chapter 6 of Title 48 of the Rules of the City of New York contain the procedural rules that govern OATH’s administrative tribunals. 

These rules repeal the procedural rules that governed the Department’s administrative tribunal, clarify provisions in the Executive Order and provide guidance to those who want to settle their violations before appearing at OATH.  Specifically, these rules:

  • Outline the Department’s delegation to OATH of certain adjudicatory authority granted to the Department’s  Commissioner;
  • Clarify when OATH will issue a recommended decision and the Department’s process for receiving arguments prior to issuing a written decision;
  • Provide guidance on how to respond to a pleading letter to settle a violation prior to hearing;
  • Clarify the methodology for submitting a proof of cure to the Department and outlining the specific violations for which an opportunity to cure is available;
  • Require those entering into settlement agreements to comply with their terms;
  • Establish that a settlement agreement constitutes a plea of guilty to the charges in the Notice of Violation, unless otherwise provided;
  • Establish that a settlement agreement has the force of an order and that failure to comply will subject a respondent to a civil penalty of up to $500;
  • Establish that a failure to comply with an order of the Commissioner will subject the respondent to sanctions, including a civil penalty of up to $500 or suspension or revocation of its licenses;
  • Set fixed penalties for violations issued by the Department  to promote consistency and fairness in decision making and provide predictability for those whose Notices of Violations are decided at OATH; and
  •  Explain the Department’s rulemaking procedures for public hearings. 
Effective Date: 
Mon, 08/22/2016

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose

 

Executive Order No. 18 of 2016, dated June 23, 2016, transfers to OATH all of the adjudications under the Department of Consumer Affairs (DCA) Tribunal. Beginning on August 22, 2016 or as soon thereafter as may be practicable, OATH will adjudicate all pending and future violations issued by DCA.  Because certain State laws require that final decisions of these adjudications be made by the DCA Commissioner, this proposed rule establishes that OATH hearing officer decisions on violations of those State laws will be recommended decisions only. The DCA Commissioner will make the final determination after reviewing OATH’s recommendation. Chapter 6 of Title 6 of the Rules of the City of New York contains the procedural rules that govern DCA’s determinations.

 

The proposed rule amends section 6-17 (Decisions) of OATH’s rules, contained in title 48 of the Rules of the City of New York, to set out the State laws to which this procedure applies.

 

Deleted material is in [brackets]. New text is underlined.

 

“Shall,” “will” and “must” denote mandatory requirements and may be used interchangeably in the rules of this department, unless otherwise specified or unless the context clearly indicates otherwise.

 

 

Section 1. Section 6-17 of Chapter 6 of Title 48 of the Rules of the City of New York, as amended by the Environmental Control Board at its meeting on June 30, 2016, is amended to read as follows:

 

§6-17 Decisions

 

(a) Decisions. After a hearing, the Hearing Officer who presided over the hearing will promptly write a decision sustaining or dismissing each charge in summons. The Tribunal will promptly serve the decision on all parties. Each decision will contain findings of fact and conclusions of law. Where a violation is sustained, the Hearing Officer will impose the applicable penalty, which may include a fine, penalty points, a suspension or revocation of the respondent’s license or any other penalty authorized by applicable laws, rules and regulations.

 

(b) Except as provided in subdivision (c), the decision of the Hearing Officer is the final decision unless an appeal is filed pursuant to §6-19 of this Chapter.

 

(c) Recommended Decisions.

 

(1) For all violations of Article 13-E of the New York State Public Health Law, the Hearing Officer will issue a recommended decision and order, which the Commissioner of the Department of Health and Mental Hygiene may adopt, reject or modify, in whole or in part.

 

(2) For all violations of Article 13-F of the New York State Public Health Law:

 (i) where the Department of Consumer Affairs is the petitioner, the Hearing Officer will issue a recommended decision and order, which the Commissioner of such department may adopt, reject or modify, in whole or in part.

(ii) where the Department of Health and Mental Hygiene is the petitioner, the Hearing Officer will issue a recommended decision and order, which the Commissioner of such department may adopt, reject or modify, in whole or in part.

 

(3) For all violations in which summonses are returnable to the Tribunal as authorized by the Board under §1049-aof the NewYorkCityCharter andprovisions of the NewYorkCity Administrative Code, any rules and regulations made thereunder, or provisions of New York State law, the Hearing Officer’s decision is a recommended decision to the Board. If an appeal is not filed pursuant to §6-19, theHearing Officer's recommendeddecisionwillbeautomaticallyadoptedbytheBoardandwillconstitutetheBoard'sfinaldecisioninthematter. The Board’s final decision is also the final decision of the Tribunal.

 

(4) For all violations of Section 194 of Article 11 of the New York State General Business Law, Article 5 of the New York State General Business Law, and Sections 192, 192-a, 192-b, and 192-c of Article 16 of the New York State Agriculture and Markets Law, and of any rules and regulations promulgated thereto, the Hearing Officer will issue a recommended decision and order, which the Commissioner of the Department of Consumer Affairs may adopt, reject or modify, in whole or in part.

 

(d) The Tribunal may, due to Tribunal needs or the unavailability of the Hearing Officer who heard the case, designate another Hearing Officer to write the recommended decision. The decision will state the reason for the designation and will be based on the record, which includes (i) the summons, (ii) all briefs filed and all exhibits received in evidence, and (iii) a complete audio recording of the hearing or, if a complete audio recording is unavailable for any reason, a complete transcript of the hearing.

 

 

Effective Date: 
Mon, 08/22/2016

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