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Proposed Rules: Open to Comments

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Agency:
Comment By: 
Thursday, October 15, 2020
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

 

The Office of Administrative Trials and Hearings (OATH) is proposing to add a new subdivision (g) to Section 6-23 of Title 48 of the Rules of the City of New York, and to make corresponding amendments to subdivisions (e) and (f) of such Section. The provisions codified in Chapter 6 of Title 48 of the Rules of the City of New York govern ECB adjudicatory proceedings, as well as other proceedings under the jurisdiction of the OATH Hearings Division.

 

Section 6-23 lists the requirements that an individual must meet in order to serve as a registered representative before the OATH Hearings Division. Subdivision (g) would add an additional requirement: mandating that all registered representatives who appear before the OATH Hearings Division present valid government-issued photo identification in order to file a notice of appearance for an in-person hearing, or to submit any motions in person including, but not limited to, requests to reschedule and motions to vacate a default.

 

This proposed rule would facilitate the investigation of fraudulent submissions to OATH by ensuring that photo identification illustrating the identity any person submitting a document to the OATH Hearings Division in person is recorded. This proposed rule amendment will also deter individuals from falsely claiming to be a respondent’s representative with authority to act on the respondent’s behalf at an in-person OATH hearing. This proposed rule represents one step in OATH’s continuing efforts to identify and to stop impersonators, and thus protect the integrity of OATH proceedings.

Subject: 

Identification Requirement for Representatives

Contact: 

Internet Video and Audio. For access, visit:
https://nyc-oath.webex.com/nycoath/j.php?MTID=mfc26b39f28448d2cae70e5aaa...
When prompted, enter Meeting ID: 173 135 1747
Password: OATHpublic
• Phone. For access, dial: 1-646-992-2010 or 1-408-418-9388.
When prompted, enter Meeting ID: 173 135 1747##

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, June 1, 2020
Proposed Rules Content: 

 

Notice of Public Hearing and Opportunity to Comment on Proposed Rules 

AMENDED NOTICE 

What are we proposing? The Department of Buildings (DOB) is proposing to amend Section 101-03 of Chapter 100 of Title 1 of the Rules of the City of New York relating to fees for façade report filings.   

This rule was originally published in the City Record on 2/27/20, and was originally scheduled for an in person public hearing on 3/30/20 at 10 a.m. Due to the current health emergency, the public hearing for this rule is now being rescheduled as a virtual hearing, which may be accessed according to the information given below in this Notice.   

This Notice supersedes the hearing information for this rule posted on the NYCRules website. 

The text of the proposed rule may be viewed by clicking on the following link to DOB’s proposed rule page: https://www1.nyc.gov/site/buildings/codes/proposed-rules.page 

  • When and where is the hearing?  DOB will hold a public hearing on the proposed rule online. The online public hearing will take place at 11am on 6/1/20. 

Join through Internet:

  • To join the hearing via your browser either click on the following URL link or copy and paste it into your browser’s address bar.  Then follow the prompts.

https://buildings.webex.com/buildings/j.php?MTID=mcacd323e2f971c15c2cb05e4adcc1b6a 

When prompted, enter the following meeting password: 10007 

When joining the meeting choose either “Use computer for audio” or “Call in” for the audio portion of the public hearing.  If you choose the “Call in” option, the information needed to connect (phone number, Access Code and Attendee ID) will automatically be presented to you immediately after you join the Webex meeting. 

If you have low bandwidth or inconsistent Internet connection, we suggest you use the “Call-in” option for the hearing.  This will reduce the possibility of dropped audio and stutters.

  • Join via phone only: 

To join the meeting only by phone, use the following information to connect: 

Phone: 646-992-2010 

Access code: 474 704 715 

Password (if requested): 10007     

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

  • Website.  You can submit comments to the DOB through the NYC rules website at http://rules.cityofnewyork.us. 
  • Email.  You can email comments to dobrules@buildings.nyc.gov.
  • Comments cannot be submitted by mail or fax at this time because the DOB office is temporarily closed.
  • Speaking 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 by emailing dobrules@buildings.nyc.gov by 5/26/20 and including your name and affiliation.  While you will be given the opportunity during the hearing to indicate that you would like to provide comments, we prefer that you sign up in advance.  You can speak for up to three minutes. 

Is there a deadline to submit comments?  Yes, you must submit comments by 6/1/20. 

What if I need assistance to participate in the hearing? You must tell the Office of the General Counsel if you need a reasonable accommodation of a disability at the hearing. You can tell us by email at dobrules@buildings.nyc.gov.  Advance notice is requested to allow sufficient time to arrange the accommodation.  You must tell us by 5/26/20. 

This location has the following accessibility option(s) available: Simultaneous transcription and an ASL interpreter for people who are hearing impaired, and audio only access for those who are visually impaired. 

Can I review the comments made on the proposed rules? You can review the comments made online on the proposed rules by going to the website at http://rules.cityofnewyork.us/.   

What authorizes DOB to make this rule? Sections 643 and 1043(a) of the City Charter and Section 28-112.7.2 of the City Administrative Code authorize DOB to make this proposed rule.  This proposed rule was not included in DOB’s regulatory agenda for this Fiscal Year because it was not contemplated when DOB published the agenda.   

Where can I find DOB’s rules?  DOB’s rules are in Title 1 of the Rules of the City of New York. 

What rules govern the rulemaking process? DOB 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 Section 1043(b) of the City Charter.

 

Location: 
See Notice
Contact: 

No contact

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, July 25, 2018
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule

 

Sections 12-309(a)(7) and 12-309(b)(6) of the New York City Administrative Code authorize the Office of Collective Bargaining’s (“OCB”) two constituent boards, the Board of Collective Bargaining and the Board of Certification, respectively, “to adopt rules and regulations for the conduct of its business and the carrying out of its powers and duties”.  The proposed changes modify the OCB’s procedural rules, which are found in Title 61 of the Rules of the City of New York, to incorporate new procedures for using modern technology, eliminate unnecessary requirements or references to outmoded technology, make clarifications to reflect how the Rules have been interpreted or to include existing practices, and make understanding the Rules and practice before the OCB more user-friendly. 

 

 

 

Listed below are the most substantive proposed changes.  Particularly significant among the proposed changes is the addition of rules providing for the filing and service of pleadings and other documents electronically through the OCB’s e-filing system.  This new system will simplify filing and service for petitioners by, among other things, eliminating the requirement that petitioners serve all parties named in the e-filed action by shifting the burden of service to the OCB. 

 

 The proposed rule:

 

 1. Adds new procedures incorporating modern technology:

 

·    Modernizes all notice posting requirements to allow for posting of notices and other communication with employees through methods such as e-bulletin boards and email;

 

·       Provides for the filing and service of pleadings and other documents electronically through the OCB’s e-filing system;

 

·        Permits filing with the Board and service on parties by email, for matters not initiated via the e-filing system.

 

2. Eliminates unnecessary requirements or references to outmoded technology:

 

·        Eliminates the requirement that parties file three copies of every document, in addition to the original, with the OCB;

 

·        Eliminates facsimile as an acceptable method of filing and service;

 

·        Eliminates references to only in-person representation elections as representation elections are now conducted by mail, telephone and via a web-based platform.

 

3. Clarifies the Rules to reflect how they have been interpreted and to include existing practices:

 

·   Codifies the practice of accepting submission of proof of interest electronically in representation cases;

 

·     Clarifies the description of when a petition can be timely filed after the expiration of a collective bargaining agreement;

 

·       Clarifies the provisions governing Amendments to Certification Petitions to reflect the Board’s history of case processing and interpretation of its meaning;

 

·     Clarifies that the Director’s recommendation for the creation of an impasse panel will be conveyed to the parties in writing only;

 

·    Conforms the description of the waiver required with a Request for Arbitration to the language of the 2012 statutory amendment;

 

·        Clarifies the parties’ obligation to designate an agent for service;

 

·        Clarifies that any objections to the OCB Executive Secretary’s deficiency letter must be filed within 10 business days after service of the deficiency letter;

 

·       Clarifies that supporting briefs must be submitted with a parties’ responsive pleading, unless prior permission to submit it later is granted;

 

·      Provides that if an injunctive relief petition is served in person, it must also be served by email;

 

·        Permits the filing of a Motion to Dismiss in lieu of an answer with permission of the Director;

 

·        Permits filing of an Amicus Curiae brief with permission of the Director.

 

·    Incorporates additional protected classes to the certification requirements for employee organizations, to conform to changes in the Administrative Code.

 

4. Makes understanding the Rules and practice before the OCB more user-friendly:

 

·        Conforms most response times in representation case processing to 20 business days;

 

·       Harmonizes filing and service deadlines so that they are calculated, with minor exceptions, using business days and not calendar days;

 

·       Eliminates the requirement to submit an affidavit in support of only one type of representation petition;

 

·        Includes cross-references to other relevant sections of the rules;

 

·        Clarifies the definitions of Filing, Service, Proof of Service and when service is complete;

 

·      Clearly differentiates between filing and service through the e-filing system versus more traditional methods of effecting filing and service;

 

·    Eliminates the requirement that parties add five calendar days prior to computing time periods prescribed by the Rules where service was completed by mail.

 

·        Includes minor plain language changes throughout.

 

 

Subject: 

Amendment of Rules of Practice and Procedure of the Office of Collective Bargaining

Location: 
OCB Board Room
100 Gold Street Suite 4800
New York, NY 10038
Contact: 

Abigail R. Levy, Deputy General Counsel

Adopted Rules: Closed to Comments

Adopted Rules Content: 

HPD’s rule amendments eliminate the current restrictive filing periods for submitting J-51 applications to HPD, and allow applicants to file applications at any time of year.

Effective Date: 
Thu, 11/23/2017

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Final Rule

 

The Environmental Control Board (ECB) held a public hearing on June 15, 2015, regarding amendments to its rules of procedure to allow for service of hearing officer decisions and orders by hand delivery or by mail. The changes will also allow for regular mailing of Cease and Desist Orders and Notices of Special Hearing. One member from the public attended the June 15, 2015, public hearing and did not wish to present oral testimony. ECB received and considered one written comment on the proposed rule regarding amendments to its rules of procedure. 

 

 

Hand Delivery of Hearing Officer Decisions and Orders

The Environmental Control Board (ECB) has amended sections 48 RCNY 3-57, 3-71 and 3-73 of its rules of procedure.  The changes will allow for service by ECB of hearing officer decisions and orders by hand delivery or by mail.

 

ECB’s current rule, 48 RCNY 3-57,requires ECB to serve decisions and orders on all parties but is silent as to how decisions are served. However, sections 3-71 and 3-73 refer to “mailing” of decisions and orders. Currently, ECB serves all decisions and orders by mail. To reduce costs, provide an additional service option, and to further clarify when the time to appeal begins to run, ECB has amended the rule to allow for both mailing and hand delivery of decisions and orders.

 

The amendment to 48 RCNY 3-57 also requires amending sections 3-71 and 3-73 of ECB’s rules because, as stated above, those rules currently only refer to “mailing” of decisions and orders.

 

Delivery of Cease and Desist Orders and Notices of Special Hearing by Regular Mail

ECB has amended 48 RCNY 3-91 to allow ECB to serve Cease and Desist Orders and Notices of Special Hearing by regular mail instead of by certified mail, return receipt requested. The Board issues a Cease and Desist order after the Department of Environmental Protection (DEP) has issued a respondent a notice of violation or several notices of violation, ECB has found the respondent in violation and the respondent has failed to correct the condition for which the violation was issued. The Cease and Desist Order requires the respondent to appear at a special hearing or have the equipment that is the subject of the violation sealed.

 

ECB has determined based on experience that service of these orders by certified mail is not needed since the DEP also serves these orders by delivering them to respondents at the address where the equipment at issue to be sealed is located. Furthermore, ECB records show that the United States Postal Service returns many of these mailings to ECB because respondents fail to go to the post office to pick them up. Finally, ECB rules provide for prompt hearing (post-sealing special hearing) should equipment be sealed based on a failure to appear at a pre-sealing hearing.

 

 

 

Effective Date: 
Sun, 08/09/2015

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, June 15, 2015
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

 

 

Hand Delivery of Hearing Officer Decisions and Orders

The Environmental Control Board (ECB) is proposing to amend sections 48 RCNY 3-57, 3-71 and 3-73 of its rules of procedure.  The proposed changes will allow for service by ECB of hearing officer decisions and orders by hand delivery or by mail.

 

ECB’s current rule, 48 RCNY 3-57,requires ECB to serve decisions and orders on all parties but is silent as to how decisions are served. However, sections 3-71 and 3-73 refer to “mailing” of decisions and orders. Currently, ECB serves all decisions and orders by mail. To reduce costs, provide an additional service option, and to further clarify when the time to appeal begins to run, ECB is amending the rule to allow for both mailing and hand delivery of decisions and orders.

 

The amendment to 48 RCNY 3-57 also requires amending sections 3-71 and 3-73 of ECB’s rules because, as stated above, those rules currently only refer to “mailing” of decisions and orders.

 

Delivery of Cease and Desist Orders and Notices of Special Hearing by Regular Mail

ECB is also amending 48 RCNY 3-91 to allow ECB to serve Cease and Desist Orders and Notices of Special Hearing by regular mail instead of by certified mail, return receipt requested. The Board issues a Cease and Desist order after the Department of Environmental Protection (DEP) has issued a respondent a notice of violation or several notices of violation, ECB has found the respondent in violation and the respondent has failed to correct the condition for which the violation was issued. The Cease and Desist Order requires the respondent to appear at a special hearing or have the equipment that is the subject of the violation sealed.

 

ECB has determined based on experience that service of these orders by certified mail   is not needed since the DEP also serves these orders by delivering them to respondents at the address where the equipment at issue to be sealed is located. Furthermore, ECB records show that the United States Postal Service returns many of these mailings to ECB because respondents fail to go to the post office to pick them up. Finally, ECB rules provide for prompt hearing (post-sealing special hearing) should equipment be sealed based on a failure to appear at a pre-sealing hearing.

 

Subject: 

Proposed Rule to amend ECB's rules of procedure to allow for service of hearing officer decisions and orders by hand delivery or by mail. The changes will also allow for regular mailing of Cease and Desist Orders and Notices of Specail Hearing.

Location: 
Office of Administrative Trials and Hearings Environmental Control Board
66 John Street 10th Floor Conference Room
New York, NY 10038
Contact: 

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

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

Statement of Basis and Purpose

 

Pursuant to § 282 of Article 7-C of the MDL (“Loft Law”), the Loft Board may promulgate rules to ensure compliance with the Loft Law.

 

In the 2010 amendments to the Loft Law, the New York State Legislature specified that the deadline for seeking coverage by owners and tenants under the Loft Law would be six months from the date the Loft Board adopted the rules necessary to implement the 2010 amendments to its rules. This rule constitutes the final rule necessary to implement the 2010 amendments. Therefore, the deadline for coverage will be six months from the effective date of this rule.

 

Accordingly, the changes to Loft Board § 1-06.1 are as follows:

 

·         A tenant coverage application or the initial registration application form for coverage by a building owner must be filed on or before March 11, 2014, the date 6 months following the effective date of this rule.

 

In 2013, the Legislature further amended the Loft Law to expand the definition of an interim multiple dwelling (“IMD”) provided in MDL § 281(5) (effective June 1, 2012). The Legislature set new deadlines for this newest group of IMDs, including a new code compliance timetable. Many of these deadlines, which are covered in other Loft Board rules, are triggered by the effective date of this rule.

 

 

Effective Date: 
Wed, 09/11/2013

Adopted Rules: Closed to Comments

Adopted Rules Content: 



 Click here (.pdf) for the complete text of the adopted rule.



Effective Date: 
Thu, 07/28/2011