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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 and Section 28-202.1 of the New York City Administrative Code. OATH ECB repeals its Department of Transportation Penalty Schedule, found in Section 3-124 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY), which contains penalties for summonses issued by the New York City Department of Transportation (DOT) for violations of Title 34 of the RCNY and Title 19 of the New York City Administrative Code. Simultaneous to the repeal of this rule, DOT has promulgated a rule adding the Department of Transportation Penalty Schedule to its rules.

 

The proposed rule was published in The City Record on July 3, 2017, and a public hearing was held on August 3, 2017. No one attended the public hearing and OATH ECB did not receive any written comments concerning this rule. 

 

Statement of Basis and Purpose of Proposed Rule

 

The Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) repeals its Department of Transportation Penalty Schedule.  This schedule is found in 48 RCNY § 3-124, and contains penalties for violations of Title 34 of the RCNY and Title 19 of the New York City Administrative Code. At the same time, DOT has enacted a penalty schedule within its own rules. This penalty schedule is located in section 3-01 of Chapter 3 in Title 34 of the RCNY. OATH ECB is in the process of repealing all penalty schedules in its rules at Subchapter G of Chapter 3 of Title 48 of the RCNY so that they can be relocated to the rules of the agencies with primary rulemaking and policymaking jurisdiction over the laws to which the penalties correspond.

 

Although OATH ECB is empowered to impose penalties under the New York City Charter and has until now promulgated penalty schedules, the enforcement agencies have the expertise and policy making authority to determine appropriate penalty structures based on the severity of each violation and its effect on City residents. Moving the penalty schedule makes 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 speeds up the rulemaking process by eliminating the need for OATH ECB approval of proposed or amended penalties for agency rules that have already gone through the City Administrative Procedure Act (CAPA) rulemaking process.  The public will still have the opportunity to comment on proposed penalties during that process.

 

 

New material is underlined.

[Deleted material is in brackets.]

 

Section 1. The Department of Transportation Penalty Schedule, found in Section 3-124 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York, is REPEALED.

 

 

Effective Date: 
Sun, 10/01/2017

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, August 3, 2017
Proposed Rules Content: 

City of New York

Office of Administrative Trials and Hearings

Environmental Control Board

 

Notice of Public Hearing and Opportunity to Comment on Proposed Rule

 

What are we proposing? The Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) proposes to repeal its Department of Transportation Penalty Schedule.  This schedule is found in Section 3-124 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY), and contains penalties for notices of violation issued by the New York City Department of Transportation (DOT) for violations of Title 34 of the RCNY and Title 19 of the New York City Administrative Code.

 

When and where is the Hearing? OATH ECB will hold a public hearing on the proposed rule. The public hearing will take place from 10:30 a.m. through 12:00 p.m. on August 3, 2017. The hearing will be in the OATH ECB Conference Room located at 66 John Street, 10th Floor, New York, NY 10038.

 

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

 

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

 

 

 

  • Mail.  You can mail written comments to OATH ECB, Attention: Simone Salloum, Assistant General Counsel, 66 John Street, 10th Floor, New York, NY 10038.

 

  • Fax. You can fax written comments to OATH ECB, Attention: Simone Salloum, Assistant General Counsel, at 212-361-1900.

 

  • 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 Elizabeth Nolan at 212-436-0708, or you can also sign up in the hearing room before the hearing begins on August 3, 2017. You can speak for up to three (3) minutes.

 

Is there a deadline to submit written comments? You may submit written comments up to August 3, 2017.

 

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 the address given above. You may also tell us by telephone by calling Elizabeth Nolan at 212-436-0708 or call 711 (Relay Service for Deaf/Hard of Hearing). Please tell us by July 27, 2017.

 

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 ECB, 66 John Street, 10th Floor, New York, NY 10038.

 

What authorizes OATH ECB to make this rule? Sections 1049-a of the City Charter authorizes OATH ECB to make this proposed rule. This proposed rule is included in OATH’s  regulatory agenda for this Fiscal Year.

 

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

 

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

 

 

Statement of Basis and Purpose of Proposed Rule

 

The Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) is repealing its Department of Transportation Penalty Schedule.  This schedule is found in 48 RCNY § 3-124, and contains penalties for violations of Title 34 of the RCNY and Title 19 of the New York City Administrative Code. At the same time, DOT will also enact a penalty schedule within its own rules. This penalty schedule will be located in section 3-01 of Chapter 3 in Title 34 of the RCNY. OATH ECB is in the process of repealing all penalty schedules in its rules at Subchapter G of Chapter 3 of Title 48 of the RCNY so that they can be relocated to the rules of the agencies with primary 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 enforcement agencies have the expertise and policy making authority to determine appropriate penalty structures 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 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 gone through the City Administrative Procedure Act (CAPA) rulemaking process.  The public will still have the opportunity to comment on proposed penalties during that process.

 

 

New material is underlined.

[Deleted material is in brackets.]

 

Section 1. The Department of Transportation Penalty Schedule, found in Section 3-124 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York, is REPEALED.

 

 

Subject: 

.

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

Elizabeth Nolan, 212-436-0708, rules_oath@oath.nyc.gov

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Final Rule

 

The Environmental Control Board has amended its Department of Transportation Penalty Schedule found in Section 3-124 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York. The Department of Transportation issues violations for certain types of infractions against contractors who fail to provide adequate protection at worksites to ensure the safety of pedestrians and vehicles.  Although existing law allows fines for these infractions to be as high as $5,000, the current fine is set at only $400, and has been at that amount since 1995.  This amount is also relatively low compared to other DOT safety-related violations such as for failing to secure a steel plate.  The fine for that violation is $1,200 and reflects the danger to public safety that could occur from a steel plate that is not properly secured.

 

To maintain consistency across its safety related infractions, and to promote the safety of pedestrians and vehicles around a worksite, the Environmental Control Board (“ECB”) has promulgated a rule to increase the penalty for failure to provide adequate protection from $400 to $1,200.  The ECB has amended the default penalty for failure to provide adequate protection to be raised from $1,200 to $3,600.

 

The ECB held a public hearing on February 11, 2015 regarding amendments to its Department of Transportation Penalty (DOT) Schedule found in Section 3-124 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York. One representative from DOT and two (2) individuals from the public attended the public hearing. Neither of the individuals from the public presented testimony on the proposed rule at the February 11, 2015, public hearing. ECB received one written comment on the proposed rule regarding amendments to its DOT Penalty Schedule.  

 

Effective Date: 
Sat, 05/09/2015

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, February 11, 2015
Proposed Rules Content: 

Statement of Basis and Purpose

 

The Department of Transportation issues violations for certain types of infractions against contractors who fail to provide adequate protection at worksites to ensure the safety of pedestrians and vehicles.  Although existing law allows fines for these infractions to be as high as $5,000, the current fine is set at only $400, and has been at that amount since 1995.  This amount is also relatively low compared to other DOT safety-related violations such as for failing to secure a steel plate, for example.  The fine for that violation is $1,200 and reflects the danger to public safety that could occur from a steel plate that is not properly secured.

 

To maintain consistency across its safety related infractions, and to promote the safety of pedestrians and vehicles around a worksite, the Environmental Control Board (“ECB”) is proposing a rule to increase the penalty for failure to provide adequate protection from $400 to $1,200.  The ECB is also proposing that the default penalty for failure to provide adequate protection be raised from $1,200 to $3,600.

 

Subject: 

ECB Proposed Rule concerning amendments to its Department of Transportation Penalty Schedule regarding the failure to provide adequate protection at worksites.

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

Elizabeth Nolan- Marino at (212) 436-0708 or Jim Macron at (212) 436-0602