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Adopted Rules: Closed to Comments

Adopted Rules Content: 

City of New York

Office of Administrative Trials and Hearings

 

Notice of Promulgation of Rule

 

NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED in the Office of Administrative Trials and Hearings (OATH) in accordance with Sections 1049 and 1043 of the New York City Charter that OATH amends section 6-21 of subchapter E of chapter 6 of title 48 of the Rules of the City of New York, concerning requests for new hearings after default. The proposed rule was published in The City Record on August 27, 2018, and a public hearing was held on September 26, 2018. 

 

No one testified at the public hearing concerning this rule. OATH received one written comment about this rule from Jack Jaffa & Associates under the heading “Limited Adjournments/Rescheduling,” stating that the proposed rule mandates that a second default decision is not subject to review or appeal at the Tribunal. Notably, this amendment is merely a clarification of that fact. The amendments to section 6-21(e) do not address the processes by which a respondent may request a reschedule or adjournment. OATH did not make any additional amendments to the rule based on this written comment.

 

Statement of Basis and Purpose of Final Rule

 

The Office of Administrative Trials and Hearings (“OATH”) amends section 6-21 of subchapter E of chapter 6 of title 48 of the Rules of the City of New York, concerning requests for new hearings after a failure to appear. OATH replaces references to “motion to vacate a default” with “request for a new hearing after default,” which is easier for the public to understand and is similar to the terminology on OATH’s forms and website. OATH also made amendments to clarify subdivisions (e) and (f) of section 6-21. Subdivision (e) applies to respondents seeking to file a second request for a new hearing, and subdivision (f) applies to respondents filing a first request for a new hearing at least one year after receipt of the default decision. 

 

The first paragraph of subdivision (e) clarifies that respondents who have defaulted twice are not eligible to file another request for a new hearing and that the second default decision is the Tribunal’s final determination, subject to judicial review pursuant to Article 78 of the New York Civil Practice Law and Rules. The second paragraph of subdivision (e) clarifies the exception under which the Chief Administrative Law Judge or his or her designee may consider granting a new hearing after the issuance of a second default decision. These amendments make clear that there are no additional administrative procedures to exhaust after the receipt of a second default decision in order to file a petition pursuant to Article 78. 

 

The amendments to subdivision (f) clarify that the discretion of the Chief Administrative Law Judge or his or her designee to consider a request for a new hearing more than one year from the date of the default decision applies only if it is the first such request made by the respondent.

Effective Date: 
Fri, 01/04/2019

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, September 26, 2018
Proposed Rules Content: 

City of New York

Office of Administrative Trials and Hearings

Notice of Public Hearing and Opportunity to Comment on Proposed Rule

What are we proposing? The Office of Administrative Trials and Hearings (OATH) proposes to amend section 6-21 of subchapter E of chapter 6 of title 48 of the Rules of the City of New York, concerning requests for new hearings after default.

When and where is the Hearing? OATH will hold a public hearing on the proposed rule. The public hearing will take place from 10:00 a.m. through 11:30 a.m. on September 26, 2018. The hearing will be in the OATH Conference Room located at 66 John Street, 10th Floor, New York, NY 10038.

How do I comment on the proposed rules? Anyone can comment on the proposed rule by:

  • Mail.  You can mail written comments to OATH, Attention: Simone Salloum, Senior Counsel, 100 Church Street, 12th Floor, New York, NY 10007.
  • Fax. You can fax written comments to OATH, Attention: Simone Salloum, Senior Counsel, at 646-500-5742.
  • Hearing.  You can speak at the hearing. Anyone who wants to comment on the proposed rule at the public hearing must sign up to speak. You can sign up before the hearing by calling OATH at 212-436-0708, or you can also sign up in the hearing room before the hearing begins on September 26, 2018. You can speak for up to three (3) minutes.

Is there a deadline to submit written comments? You may submit written comments up to 5:00 p.m. on September 26, 2018.

What if I need assistance to participate in the Hearing? You must tell us if you need a reasonable accommodation of a disability at the Hearing. You must tell us if you need a sign language interpreter. You can tell us by mail at 100 Church Street, 12th Floor, New York, NY 10007. You may also tell us by telephone at 212-436-0708. Advance notice is requested to allow sufficient time to arrange the accommodation. Please tell us by September 19, 2018.

This location has the following accessibility option(s) available: Wheelchair Accessible.

Can I review the comments made on the proposed rule? You can review the comments that have been submitted online by visiting the NYC rules website at http://rules.cityofnewyork.us/. A few days after the hearing, a transcript of the hearing and copies of the written comments will be available to the public at OATH, 66 John Street, 10th Floor, New York, NY 10038.

What authorizes OATH to make this rule? Section 1049(2)(a) of the New York City Charter (“City Charter”) authorizes OATH to make this proposed rule. This proposed rule was included in OATH’s regulatory agenda for this Fiscal Year.

Where can I find OATH’s rules? OATH’s rules are in title 48 of the Rules of the City of New York.

What laws govern the rulemaking process? OATH must meet the requirements of Section 1043(b) of the City Charter when creating or changing rules. This notice is made according to the requirements of Sections 1043(b) and 1049(2)(a) of the City Charter.

Statement of Basis and Purpose of Proposed Rule

The Office of Administrative Trials and Hearings (“OATH”) proposes to amend section 6-21 of subchapter E of chapter 6 of title 48 of the Rules of the City of New York, concerning requests for new hearings after a failure to appear. OATH proposes replacing references to “motion to vacate a default” with “request for a new hearing after default,” which is easier for the public to understand and is similar to the terminology on OATH’s forms and website. OATH also proposes amendments to clarify subdivisions (e) and (f) of section 6-21. Subdivision (e) applies to respondents seeking to file a second request for a new hearing, and subdivision (f) applies to respondents filing a first request for a new hearing at least one year after receipt of the default decision. 

The first paragraph of subdivision (e) clarifies that respondents who have defaulted twice are not eligible to file another request for a new hearing and that the second default decision is the Tribunal’s final determination, subject to judicial review pursuant to Article 78 of the New York Civil Practice Law and Rules. The second paragraph of subdivision (e) clarifies the exception under which the Chief Administrative Law Judge or his or her designee may consider granting a new hearing after the issuance of a second default decision. These proposed amendments make clear that there are no additional administrative procedures to exhaust after the receipt of a second default decision in order to file a petition pursuant to Article 78. 

The proposed amendments to subdivision (f) clarify that the discretion of the Chief Administrative Law Judge or his or her designee to consider a request for a new hearing more than one year from the date of the default decision applies only if it is the first such request made by the respondent.

This proposal was included in OATH’s FY 2018 and 2019 Regulatory Agendas.

Subject: 

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

OATH Rules, 212-436-0708

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule The New York City Department of Sanitation (“DSNY”) is creating a new chapter that will include certain provisions of its existing penalty schedule, which is currently found in Title 48 of the Rules of the City of New York, by moving those provisions into Title 16 of the Rules of the City of New York. DSNY also is establishing penalties for repeat violations of certain provisions as described in Local Law 75 of 2016. Currently the penalties for violations of §16-118 of the New York City Administrative Code (“Administrative Code”) that pertain to certain types of littering infractions are found in 48 RCNY § 3-122. The Office of Administrative Trials and Hearings, Environmental Control Board (“OATH ECB”), is in the process of repealing all penalty schedules in its rules so they can be relocated to the rules of the enforcement agencies with primary rulemaking and policymaking jurisdiction over the laws that underlie these penalties. In conjunction with this rule, OATH ECB will remove the penalties for violations of §16-118 that pertain to littering from its schedule. In 2003, a civil penalty of $100 was established for violations of subdivisions (2), (3), (4), (6) and (7) of §16-118. Additionally in 2003, penalties for violations of subdivisions (3), (4) and (6) were set at $250 for a second offense and $350 for a third and subsequent offense within a 12 month period. Defaults for violations of these provisions are set at the maximum penalty that can be assessed. All penalties are within the monetary ranges specified in §16-118. Local Law 75 was enacted as part of the Criminal Justice Reform Act, a package of bills passed by the City Council that aims to build stronger and safer neighborhoods by reducing arrests and incarceration. Local Law 75 of 2016 amended §16-118(1) to establish a new violation for spitting. In addition, Local Law 75 also establishes a specific penalty for violation of subdivision 6 of §16-118 by means of public urination. Local Law 75 imposes a fixed penalty of $75 for first time violations of §16-118(1) and 16-118(6), and provides for a range of penalties for subsequent offenses of those provisions. The penalties for subsequent offenses of those provisions are fixed at the minimum amounts authorized by Local Law 75. Additionally, the default penalties for all violations found in §16-118(1) and for public urination under §16-118(6) have been set at 150 percent of the penalty imposed, not to exceed $400. Working with the City’s rulemaking agencies, the Law Department, OMB, and 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. This rule meets the criteria for this initiative. DSNY’s authority for these rules is found in sections 753 and 1043 of the New York City Charter, and section 16-118 of the New York City Administrative Code.

Effective Date: 
Mon, 06/05/2017

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, April 19, 2017
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

The New York City Department of Sanitation (“DSNY”) is proposing to create a new chapter that will include certain provisions of its existing penalty schedule, which is currently found in Title 48 of the Rules of the City of New York, by moving those provisions into Title 16 of the Rules of the City of New York. DSNY also proposes to establish penalties for repeat violations of certain provisions as described in Local Law 75 of 2016.

Currently the penalties for violations of §16-118 of the New York City Administrative Code (“Administrative Code”) that pertain to certain types of littering infractions, are found in 48 RCNY § 3-122. The Office of Administrative Trials and Hearings, Environmental Control Board (“OATH ECB”), is in the process of repealing all penalty schedules in its rules so they can be relocated to the rules of the enforcement agencies with primary rulemaking and policymaking jurisdiction over the laws that underlie these penalties. In conjunction with this rule, OATH ECB will remove the penalties for violations of §16-118 that pertain to littering from its rule.

In 2003, a civil penalty of $100 was established for violations of subdivisions (2), (3), (4), (6) and (7) of §16-118. Additionally in 2003, penalties for violations of subdivisions (3), (4) and (6) were set at $250 for a second offense and $350 for a third and subsequent offense within a 12 month period. Defaults for violations of these provisions are set at the maximum penalty that can be assessed. All penalties are within the monetary ranges specified in §16-118.

Local Law 75 of 2016 amended §16-118(1) to establish a new violation for spitting. In addition, Local Law 75 also establishes a specific penalty for public urination. Local Law 75 was passed as part of the Criminal Justice Reform Act, a package of bills passed by the City Council that aims to build stronger and safer neighborhoods by reducing arrests and incarceration. Local Law 75 imposes a fixed penalty of $75 for first time violations of §16-118(1) and 16-118(6), and provides for a range of penalties for subsequent offenses of those provisions. The penalties for subsequent offenses of those provisions are fixed at the minimum amounts authorized by Local Law 75. Additionally, the default penalties for all violations found in §16-118(1) and for public urination under §16-118(6) have been set at 150 percent of the penalty imposed, not to exceed $400.

Working with the City’s rulemaking agencies, the Law Department, OMB, and 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. This proposed rule meets the criteria for this initiative.

DSNY’s authority for these rules is found in sections 753 and 1043 of the New York City Charter, and section 16-118 of the New York City Administrative Code.

Subject: 

DSNY Proposed Rule Relating to Penalties for Littering Offenses

Location: 
DSNY Headquarters
125 Worth Street Room 819
New York, NY 10013
Contact: 

Madelynn Liguori mliguori@dsny.nyc.gov

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

 

On February 18, 2014, Mayor de Blasio launched the Vision Zero action plan – an ambitious plan to reduce traffic fatalities in New York City. Vision Zero accepts no traffic fatality as inevitable. Vision Zero allows government agencies, industry groups, key transportation stakeholders and the public to understand traffic crashes as the result of a series of actions that can be changed or prevented through enforcement, education and design.

 

The rule amends Section 4-06 of Title 34 of the Rules of the City of New York, which relates to speed limits.  The purpose of the rule is to update the speed limit rule to correspond with the change to the citywide speed limit.  Local Law 54 of 2014, which took effect on November 7, 2014, amended Section 19-177 of the New York City Administrative Code to reduce the official citywide speed limit from thirty miles per hour to twenty-five miles per hour.  This local law change was pursuant to the authority provided by Section 1642(a)(26) of the New York State Vehicle and Traffic Law, which was also recently amended.   

 

DOT’s authority for this rule is found in Sections 1043(a) and 2903(a)of the New York City Charter.

Effective Date: 
Sun, 01/25/2015