DCA Subscribe to RSS - DCA

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, August 8, 2016
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, 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 proposed 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. 
Keywords:
Subject: 

.

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

Casey Adams, Deputy Director of City Legislative Affairs, New York City Department of Consumer Affairs: 212-436-0095, cadams@dca.nyc.gov

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Notice of Adoption of Rule

 

Notice of Adoption of a new Rule regarding the collection of sales taxes on goods and services that are not subject to such tax laws.

NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED IN the Commissioner of the Department of Consumer Affairs (the “Department”) by Section 2203 of the New York City Charter and Section 20-702 of Subchapter 1 of Chapter 5 of Title 20 of the New York City Administrative Code, and in accordance with the requirements of Section 1043 of the New York City Charter, that the Department promulgates and adopts Section 5-41 of Subchapter A of Chapter 5 of Title 6 of the Rules of the City of New York, declaring that the collection of sales taxes on goods and services that are not subject to such tax laws shall be a deceptive trade practice.

The rule was proposed and published on April 9, 2015.  The public hearing was held on May 11, 2015.  The comment period concluded on May 29, 2015.  After the hearing, which no one attended, one written comment was submitted.

 

Statement of Basis and Purpose of Rule

Section 2203 of Chapter 64 of the Charter of the City of New York authorizes the Commissioner to enforce laws prohibiting deceptive trade practices, and, upon notice and hearing, to impose civil penalties for the violation of such laws.  Section 2203(h)(3) provides that no act or practice shall be deemed a deceptive trade practice unless it has been declared as such, and described with reasonable particularity in a law or rule promulgated by the Commissioner.   

 

Pursuant to Title 20 of the New York City Administrative Code, the Department regulates merchants in New York City and promulgates rules and regulations to protect consumers in the marketplace.  Article 28 of the New York State Tax law specifies the categories of goods and services that are subject to sales and use taxes.  The proposed rule is necessary to declare that collection of sales taxes on goods and services that are not subject to such tax laws shall be a deceptive trade practice for purposes of Section 20-701 of Subchapter 1 of Chapter 5 of Title 20 of the New York City Administrative Code.  

Effective Date: 
Sat, 08/06/2016

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Department of Consumer Affairs

Notice of Adoption of Rule

 

Notice of Adoption of a new Rule regarding the storage of vehicles by second-hand automobile dealers in public spaces in New York City.

NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED IN the Commissioner of the Department of Consumer Affairs by Section 2203 of the New York City Charter and Sections 20-104 and 20-268 of the New York City Administrative Code, and in accordance with the requirements of Section 1043 of the New York City Charter, that the Department promulgates and adopts Section 2-103(m) of Subchapter K of Chapter 2 of Title 6 of the Rules of the City of New York, setting forth the requirements for the storage of vehicles by second-hand automobile dealers in public spaces in New York City.

The rule was proposed and published on March 21, 2016.  The required public hearing was held on April 21, 2016.

 

Statement of Basis and Purpose of Rule

Section 20-268 of Title 20 of the New York City Administrative Code, entitled “Restrictions,” places restrictions on the manner in which a dealer in second-hand articles may conduct his or her business.  For instance, subdivision a makes it “unlawful for any dealer in second-hand articles to carry on his or her business at any place other than the one designated in such license,” including business that is conducted in public spaces.  Additionally, the Department has found that second-hand automobile dealers frequently park, store or display vehicles in public spaces, such as sidewalks and streets, which interferes with pedestrian use and creates blockage, congestion and potential safety hazards. 

 

The rule clarifies that second-hand automobile dealers cannot park, store or display vehicles in public spaces and ensures that second-hand automobile dealers park them in a manner that is safe and does not interfere with the flow of pedestrian traffic.  

Effective Date: 
Thu, 08/04/2016

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, July 22, 2016
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rules

 

Section 3-91 of Title 6 of the Rules of the City of New York currently requires a company selling fuel oil to provide a purchaser a delivery ticket with each delivery of fuel oil.  Delivery tickets must be consecutively numbered and contain the date of delivery, the name and address of the seller and purchaser, and the grade, price per gallon, quantity, and, except in certain circumstances, the total price of oil delivered. 

                                                         

 

The Manhattan District Attorney’s Office, together with other New York City agencies, including the Department of Consumer Affairs (DCA), recently uncovered various schemes by fuel oil companies and related individuals to defraud customers by shorting deliveries to residential, commercial, and municipal properties throughout New York City.  To protect consumers from such fraudulent business practices, and to promote accountability of the fuel oil industry, the proposed rule would require fuel oil companies to include on each delivery ticket provided to a consumer the Vehicle Identification Number (VIN), the license plate number, and the seller’s identification number for the vehicle that made the delivery.  This information will facilitate the lodging of complaints by consumers with DCA and the agency’s response to such complaints because DCA maintains records of fuel oil delivery vehicles by VIN, license plate number, and the seller’s identification number for the vehicle.

Keywords:
Subject: 

.

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

Casey Adams, Deputy Director of City Legislative Affairs, New York City Department of Consumer Affairs: 212-436-0095, cadams@dca.nyc.gov

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, June 7, 2016
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule 

In October 2014, the CitCouncil passed the Mass Transit Benefits Law (Local Law 53 of 2014), which requires employers with 20 or more full time employees to offer the opportunity to purchase certain pre-tax transportation benefits to their employees. The law is expected to reduce transportation costs to employees, promote a cleaner environment by increasing the use of mass transit and lower payroll taxes for employers.

 

These proposed rules define the penalties to be imposed when the department finds a violation of the Mass Transit Benefits Law and provide guidance to employers about recordkeeping requirements and the right to cure violations.

Subject: 

.

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

Casey Adams, Deputy Director of City Legislative Affairs, Department of Consumer Affairs: 212-436-0095 | cadams@dca.nyc.gov

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Department of Consumer Affairs

Notice of Adoption of Rule

Notice of Adoption of a new Rule regarding the use of helpers by general vendors with disabilities.

NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED IN the Commissioner of the Department of Consumer Affairs by Section 2203 of the New York City Charter and Sections 20-104 and 20-471 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 Section 2-318 of Title 6 of the Rules of the City of New York, Chapter 2, subchapter F, allowing general vendors with disabilities that impair their ability to operate a general vending business to use helpers as long as they obtain authorization from the Department.

The rule was proposed and published on March 7, 2016.  The required public hearing was held on April 6, 2016.

Statement of Basis and Purpose of Rule

Section 20-453 of Chapter 2 of Title 20 of the New York City Administrative Code provides that it “shall be unlawful for any individual to act as a general vendor without having first obtained a license.”  A number of individuals licensed as general vendors by the Department of Consumer Affairs have physical or mental disabilities that render them unable to operate their businesses without the assistance of a helper.  Many of these licensees are veterans.

The rule clarifies that Section 20-453’s license requirement will not apply to helpers used by licensed general vendors with disabilities that impair their ability to operate a general vending business as long as the licensee obtains authorization from the Department to use a helper and adheres to requirements with regard to the use of helpers.  

The rule:

  •  defines the types of disabilities that would make general vendors eligible to use helpers;
  •  establishes procedures for requesting authorization to use helpers;
  • provides for a special designation on the general vendor’s license indicating that he or she is authorized to use helpers;
  •  provides for certain restrictions on the activities of helpers;
  • requires the general vendor to be present at all times;
  •  requires the general vendor to maintain records regarding the use of his or her helpers;
  •  makes the general vendor responsible for ensuring that helpers comply with all applicable laws and regulations; and
  • establishes procedures for the revocation of authorization in the event the general vendor or his or her helpers fail to comply with applicable law.
Effective Date: 
Sat, 06/25/2016

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rules

Section 6-130[1] of the Administrative Code of the City of New York (the Prevailing Wage Law), added by Local Law 27 of 2012, requires certain developers receiving City financial assistance and certain lessors leasing commercial office space or commercial office facilities to the City to pay their building service employees the prevailing wage.

These rules clarify provisions in the Prevailing Wage Law, establish requirements to implement the law and meet its goals, and provide guidance to employers and employees.  Specifically, these rules:

  • Establish that covered employers must require all building service contractors to pay the prevailing wage to their building service employees;
  • Set forth the distribution and posting requirements for employee notices required by the Prevailing Wage Law;
  • Set forth the recordkeeping requirements under the Prevailing Wage Law;
  • Clarify the Prevailing Wage Law’s definition of “covered developer” and “building service work;”
  • Outline the Department’s enforcement steps, including how a covered employer may cure a violation of the Prevailing Wage Law, 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 on how an OATH administrative law judge may calculate back wages for a building service employee;
  • Clarify that if one or more building service 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 of  the Prevailing Wage Law, in addition to the penalties set forth in the law.

The authority for the Department of Consumer Affairs to issue these rules is found in section 6-130(d)(1) of Chapter 1 of Title 6 of the Administrative Code of the City of New York.


[1]

  There are two Sections 6-130 in the Administrative Code of the City of New York.

Effective Date: 
Thu, 06/23/2016

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Saturday, August 13, 2016
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed 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 proposed 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.
Keywords:
Subject: 

.

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

Casey Adams, Deputy Director of City Legislative Affairs, New York City Department of Consumer Affairs
212-436-0095
cadams@dca.nyc.gov

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, June 20, 2016
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed 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 proposed 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.

Section 2203(f) of the City Charter and Sections 20-104(b), 20-108 and 20-546  of the New York City Administrative Code authorize the Commissioner of the Department of Consumer Affairs to make this proposed rule.  This proposed rule was not included in regulatory agenda of the Department of Consumer Affairs for this Fiscal Year because it was not contemplated when the Department published the agenda.

Keywords:
Subject: 

.

Location: 
42 Broadway 5th Floor
New York, NY 10004
Contact: 

Casey Adams, Deputy Director of City Legislative Affairs, New York City Department of Consumer Affairs
212-436-0095
cadams@dca.nyc.gov

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, May 18, 2016
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed 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 the New York City Department of Consumer Affairs (“DCA”).

The requirement to be licensed does not apply to honorably discharged veterans who, under State law, are allowed to vend free from the interference of local government.  See NYS General Business Law § 32.  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 proposes developing and maintaining 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 proposed rule adds Section 2-319 to the rules applicable to DCA’s licensing of general vendors. 

 

The proposed rule would:

establish a waiting list for general vendor licenses for individuals not exempt from the licensing requirement;

specify 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;

specify the system by which prospective applicants will be assigned ranks on the waiting list; and

specify the procedures pursuant to which DCA will notify prospective applicants of their eligibility to submit general vendor applications.

 

Keywords:
Subject: 

.

Location: 
42 Broadway 5th Floor
New York, NY 10004
Contact: 

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

Download Copy of Proposed Rule (.pdf): 

Pages