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Proposed Rules: Open to Comments (View Public Comments Received:2)

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Agency:
Comment By: 
Friday, November 1, 2019
Proposed Rules Content: 

Statement of Basis and Purpose of Regulations

Various state and local laws vest the New York city Comptroller with authority to enforce prevailing wage laws by conducting investigations and hearings and issuing reports with recommendations or orders.  New York labor law section 220(3-a)(a)(ii) further requires covered employers to post jobsite notices and provide pay stubs and notices to covered employees with applicable prevailing wage and supplement rates, and vests the Comptroller with the authority to assess civil penalties for violations of these notice requirements.  The laws that vest authority in the Comptroller are detailed below.

·      

Article 8 of the New York labor law requires payment of prevailing wages and supplements to construction workers on New York city public work projects.

·      

Article 9 of the New York labor law requires payment of prevailing wages and supplements to building service employees on building service contracts with city agencies.

·      

Subdivision 8, paragraph h of subdivision 16 and paragraph g of subdivision 17 of section 421-a of the New York real property tax law require payment of prevailing wages and supplements to building service employees in certain buildings that receive real estate tax exemptions under that law.

·      

New York city administrative code section 6-109 requires payment of prevailing wages and supplements to workers on certain service contracts with city agencies.

·      

New York city administrative code section 19-142 requires payment of prevailing wages and supplements to workers on New York city street excavations.

This proposed rule sets forth a clear and uniform procedure for investigating and assessing civil penalties for failure to post notices at job sites or provide notices with pay stubs to workers under the above-mentioned laws. The comprehensiveness of the rules provides enhanced guidance to employers, employees, and building owners covered by these laws.

Section 1 amends section 2-02 of chapter 2 of title 44 to add a definition for “Construction Poster” that is required by labor law section 220(3-a)(a)(ii) and amends the definition of “Worker Notice Poster” in section 2-02 of such chapter to conform to the requirements of labor law section 220(3-a)(a)(ii).

Section 2 amends paragraph 1 of subdivision c of section 2-04 of chapter 2 of title 44 to add an additional recordkeeping requirement for pay stubs or wage statements required by labor law sections 195(3) and 220(3-a)(a)(ii).  Section 2 also amends paragraphs 4, 5 and 6 of subdivision c of section 2-04 of such chapter to add additional notice requirements for public work projects to be posted at job sites and provided to workers with their pay stubs under labor law section 220(3-a)(a)(ii).

Section 3 amends chapter 2 of title 44 to add a new section 2-07 creating a procedure for the assessment of civil penalties to covered employers for failure to post required jobsite notices or to provide notices and pay stubs with applicable prevailing wage and supplement rates under labor law section 220(3-a)(a)(ii).

Subject: 

Comptroller’s Enforcement of the Prevailing Wage Law

Location: 
David N. Dinkins Municipal Building
One Centre Street Room 1005
New York, NY 10013
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

NEW YORK CITY DEPARTMENT OF CORRECTION

 

Notice of Adoption of

Chapter 1 of Title 39 of the Rule of the City of New York

 

Notice is hereby given in accordance with Section 1043(f) of the New York City Charter (“Charter”) and pursuant to the authority granted to the Department of Correction (“Department”) by Sections 389 and 623 of the Charter, a notice of public hearing and opportunity to comment on the Department’s proposal to amend Title 39 of the Rules of the City of New York was published in the City Record on May 8, 2019, and a public hearing was held on June 13, 2019.  The Department now adopts the amendments as set forth below.

 

Statement of Basis and Purpose

 

The adopted rules amend the rules of the Department of Correction, codified in Title 39 of the Rules of the City of New York:

  • New provisions are added to the list of Sex Offenses (Section 1-03(c)(23)) in compliance with the federal Prison Rape Elimination Act and federal rules promulgated thereunder, and to conform to amendments made by the Board of Correction to the Board’s rules (Title 40 of the Rules of the City of New York);
  • New offenses are added to the list of offenses under Disrespect of Staff (Section 1‑03(c)(10)) to specifically cover acts of sexual harassment towards staff.

 

The changes to the Rules of Conduct provisions add certain definitions to the list of inmate misbehaviors that constitute disciplinary offenses, in order to account for changes in federal law, and changes in technology; and to conform rules governing hearings to State Commission of Correction rules, including providing for hearing facilitators.

The following is a summary of the new rules.

 

Amendments to Section 1-03(c)(10) add prohibited conduct provisions under Disrespect for Staff to include acts that constitute sexual harassment towards staff

 

These sections create new graduated offenses for inmates who act inappropriately towards staff by engaging in conduct of a sexual nature towards staff. Such conduct includes making sexual advances towards staff, or acting in verbal or nonverbal ways that are sexually derogatory or offensive towards staff, including but not limited to making sexually suggestive remarks, jokes, innuendos, comments, gestures; leering; and displaying sexually explicit material on Department property.

 

Amendments to Section 1-03(c)(23) (Prohibited Conduct, Sexual Offenses)

The amendments to subparagraphs 122.10, 122.11, and 122.13 in Paragraph 23 (Sex Offenses), and the addition of new subparagraph 122.14, are made in part in response to U.S. Department of Justice regulations (Title 28 of the Code of Federal Regulations, §§ 115.5 et seq.) adopting national standards to prevent, detect, and respond to prison rape as required by the Prison Rape Elimination Act (“PREA”) of 2003 (Title 34 of the United States Code, §§ 30302 et seq.).  This section expands and clarifies existing sex offenses by prohibiting, among other things, sexual abuse against another person; kissing, embracing, and hand-holding by inmates; and making sexual advances or verbal comments of a derogatory or offensive nature including but not limited to sexually suggestive remarks, jokes, innuendos, comments, and gestures. 

In addition to the amendments listed above,

 

  • Section 1-03(b), Definitions, is amended to eliminate the numbering of the definitions and to alphabetically insert the following new definitions: “Department ID,” “sexual abuse,” “sexually explicit material,” and “staff.”
  • Section 1-03(c), Prohibited Conduct, is amended to make the following changes:
    • Section 1-03(c)(2), the offense of Assault and Fighting, is amended to add the assault offenses of gang assault and Security Risk Group assault; both shall be Grade I offenses.
    • Section 1-03(c)(4), the offense of Contraband, is amended to put the razor rules all in one location; to add manufactured chemical compounds that are not facility-issued as contraband (e.g., synthetic marijuana); to add types of devices to the prohibition on telecommunication and recording devices; and to clarify  that credit cards, debit cards, and gift cards are contraband.
    • Section 1-03(c)(6), the offense of Creating a Fire, Health or Safety Hazard, is amended to add a prohibition on using food warmers as personal cooking devices.
    • Section 1-03(c)(17), the offense of violating Identification Procedures, is amended to reflect that inmate ID cards have been replaced by other forms of Department identification; to expressly prohibit tampering or destruction of inmate ID; and to provide for the penalty of restitution without reference to a particular cost if inmate ID is tampered with or destroyed.
    • Section 1-03(c)(24), the offense of Smuggling, is amended to add the Grade I offense of smuggling manufactured chemical compounds that are not issued by the Department.
    • Section 1-04, Hearing Procedures, is amended to eliminate the reference to close custody, which is no longer used by the Department; the amendments to protective custody are made to clarify the process for placement.

 

The Adopted Rules

New material is underlined.

Deleted material is [bracketed.]

 

 

  1. Section 1-03(b) of title 39 of the Rules of the City of New York (“RCNY”) (Prohibited Conduct, Definitions) is hereby amended by removing the number before each definition, and inserting the following new definitions alphabetically within the list of definitions:

“Department ID” shall mean any form of Department-issued tag, card, wristband, or other object that serves to identify an inmate.

 

“Sexual abuse” means sexual abuse as defined in the Prison Rape Elimination Act.

 

 “Sexually explicit material” is any printed or displayed material that shows the frontal and or rear nudity of any person, including but not limited to: the fully exposed female breast(s) and/or the genitalia of any gender; sexual excitement; sexual conduct, sexual intercourse; or sadomasochistic abuse.

 

Staff” shall include, but not be limited to, uniformed and civilian Department staff, medical staff, contractors and their employees or volunteers.

 

  1. Section 1-03(c) is amended by the addition of the following text to appear above Paragraph (1):

An inmate who violates a rule listed in any subsection of Section 1-03(c) as a “Grade I” offense shall be guilty of the stated Grade I offense; an inmate who violates a rule listed in any subsection of Section 1-03(c) as a “Grade II” offense shall be guilty of the stated Grade II offense; and an inmate who violates a rule listed in any subsection of Section 1-03(c) as a “Grade III” offense shall be guilty of the stated Grade III offense

  1. Section 1-03(c)(2) of title 39 of RCNY (Prohibited Conduct, Assault and Fighting), is hereby amended by inserting, under the heading “Grade I,” and below subparagraph 101.14, new subparagraphs 101.15 and 101.15.1, to read as follows:

 

101.15:  An inmate is guilty of the Grade I offense of Gang Assault on an inmate when the inmate, while acting in concert with two or more inmates, injures, spits on or throws any object or substance at any other inmate.

 

101.15.1:  An inmate is guilty of the Grade I offense of Security Risk Group Assault when the inmate injures, spits on or throws any object or substance at any other inmate based on either inmate’s Security Risk Group status or motivated by a Security Risk Group related purpose.

 

  1. Section 1-03(c)(4) of title 39 of RCNY (Prohibited Conduct, Contraband), is hereby amended to read in its entirety as follows:

 

         Grade I:

         103.05: Inmates shall not possess any tobacco-related products including, but not limited to, cigarettes, cigars, loose tobacco, chewing tobacco, rolling paper, matches and lighters.

         103.07: Inmates shall not sell, exchange or distribute tobacco-related products including, but not limited to, cigarettes, cigars, loose tobacco, chewing tobacco, matches and lighters.

         103.08: Inmates shall not make, possess, sell or exchange any amount of alcoholic beverage.

         103.10: Inmates shall not make, possess, sell or exchange any type of contraband weapon. Any object that could be used as a weapon may be classified as a weapon.

         103.10.5: Inmates shall not possess or transport a Department-issued razor outside the housing area.

         103.10.6: Inmates shall return all Department-issued razors after shaving is completed, in accordance with Department or facility procedures. Razors shall be returned in the same condition as received; for example, blade and handle shall be intact.

103.10.7: Inmates shall not possess more than one Department-issued razor.

103.11: Inmates shall not make, possess, sell, give or exchange any amount of narcotic, narcotic paraphernalia, or any other controlled substance, or a manufactured chemical compound that is not facility issued.

         103.12: Inmates shall not make, possess, sell, give or exchange any type of escape paraphernalia. Where there is the likelihood that an item can be used to aid an escape, it may be classified as escape paraphernalia. Keys, possession of identification belonging to another person, or fictitious person, transferring an inmate's identification to another, possession of employee clothing, or any other articles which would aid in an escape, or which suggest that an escape is being planned, are contraband.

         103.12.5: Inmates shall not possess any type of electronic telecommunications and/or recording device or instrument or any part of such device or instrument, which is designed to transmit and/or receive telephonic, electronic, digital, cellular or radio communications; [device or any part of such instrument designed to have] record or capture sound and/or [image] images; [recording or capturing capabilities]; or charge the power of any such device or instrument. Such devices shall include, but shall not be limited to, cameras (digital or film), video recorders, [and] tape or digital recording devices, electronic storage devices, phone chargers, battery chargers, A/C adapters, A/C cables, [The term "telecommunication device" shall include, but not be limited to, any type of instrument, device, machine or equipment which is designed to transmit and/or receive telephonic, electronic, digital, cellular or radio signals or communications or any part of such instrument, device, machine or equipment as well as any type of instrument designed to have sound, or image recording abilities and shall include, but not be limited to, a] cellular or digital [phone] phones, [a pager] pagers, [a two-way radio] two-way radios, text messaging devices, or modem equipment or [device] devices. [(including a modem equipment device), a camera, a video recorder and a tape or digital recording device, or any other device that has such capabilities.] (Radios sold in commissary are excluded from this prohibition.)

         103.12.6: Inmates shall not possess any contraband with intent to sell or distribute such contraband.

         103.12.7: [An inmate is guilty of the offense of Possession of Contraband Grade I when such inmate possesses] Inmates shall not possess money whose value exceeds twenty (20) dollars in cash [or], checks, credit cards regardless of the credit available on the card, or debit or gift cards regardless of the value stored on the card. Money confiscated as contraband will be deposited in the City's treasury and will not be returned to the inmate.

         Grade II:

         103.13: Inmates shall not sell or exchange prescription drugs or non-prescription drugs. Inmates shall not possess prescription drugs that they are not authorized by medical staff to possess.

         103.13.5: Inmates shall not possess prescription or non-prescription drugs in quantities in excess of that authorized by medical staff. Inmates are not authorized to possess expired prescription medication or drugs.

         103.13.6: Inmates are not authorized to possess any drug that by prescription, or by medical order, must be ingested in view of Department and/or medical staff.

        [103.13.7: Inmates shall not possess more than one Department-issued razor.]

      103.14: Inmates shall not make, possess, sell, exchange, use or display any item that identifies the inmate as a member or associate of a Security Risk Group [or of a gang]. Articles of religious significance that are Security Risk Group identifiers shall only be considered contraband if they are displayed. Incidental or inadvertent exposure of the item (for example, while showering, saying the rosary or other religious observance, dressing or undressing or sleeping) shall not be considered "display" under this rule.

         103.15: An inmate is guilty of the offense of Possession of Contraband Grade II when such inmate possesses money [not in excess of] having a value of up to and including twenty (20) dollars, [or] in the form of cash or checks [or credit cards]. Money confiscated as contraband will be deposited in the City's treasury and will not be returned to the inmate.

         Grade III:

         103.16: Inmates shall not possess unauthorized hobby materials, art supplies or tattooing equipment, or writing implements.

         103.17: Inmates shall not possess unauthorized amounts of jewelry, clothing, food, or personal property.

         103.18: Inmates shall not possess unauthorized amounts of City-issued property.

         103.19: Inmates shall not possess any other unauthorized items not specifically listed within this section.

  1. Section 1-03(c)(6) of title 39 of RCNY (Prohibited Conduct, Creating a Fire, Health or Safety Hazard), is hereby amended by the addition of a new subparagraph 105.25, to read in its entirety as follows:

 

         105.25:   Inmates shall not use a food warmer as a personal cooking device.

  1. Section 1-03(c)(10) of title 39 of RCNY (Prohibited Conduct, Disrespect for Staff) is hereby amended to read in its entirety as follows:

 

10)    Disrespect for Staff; Sexual Harassment towards Staff

Grade I:

109.10: [Inmates shall not physically resist staff members.] An inmate is guilty of the Grade I offense of Disrespect for Staff if the inmate physically resists a staff member, including by pulling or twisting away.

109.11: [Inmates shall not harass or annoy staff members by touching or rubbing against them.] An inmate is guilty of the Grade I offense of Disrespect for Staff/Sexual Harassment towards Staff if the inmate harasses or annoys a staff member by touching the staff member.

109.11.5: An inmate is guilty of the Grade I offense of Sexual Harassment towards Staff if the inmate engages in unwelcome physical conduct of a sexual nature, including but not limited to: patting, rubbing, kissing, grabbing, pinching or touching of staff.

 

Grade II: 

 

109.12 [Inmates shall not verbally abuse or harass staff members, or make obscene gestures towards any staff members.] An inmate is guilty of the Grade II offense of Disrespect for Staff/Sexual Harassment towards Staff if the inmate verbally abuses or harasses a staff member, or makes obscene gestures towards any staff member.

 

109.13: An inmate is guilty of the Grade II offense of Disrespect for Staff/Sexual Harassment Towards Staff when the inmate, in the plain view of staff, intentionally touches the inmate’s own body with or without exposing the genitals, buttocks or breasts, in a manner that demonstrates it is for the purpose of sexual arousal, gratification, annoyance, or offense, and that any reasonable person would consider this conduct offensive.

 

109.14: An inmate is guilty of the Grade II offense of Disrespect for Staff/Sexual Harassment Toward Staff when the inmate requests, solicits or otherwise encourages a staff member or any other to engage in sexual activity, or makes repeated and unwelcome sexual advances or verbal comments of a derogatory or offensive nature, including but not limited to: sexually suggestive remarks, jokes, innuendos, leering, comments, and gestures.

 

109.15: An inmate is guilty of the Grade II offense of sexual harassment towards staff when the inmate refuses to remove sexually explicit material the inmate has affixed, posted or displayed on Department property after being asked to do so by staff.

 

Grade III: 

 

109.16: An inmate is guilty of the Grade III offense of sexual harassment towards staff when the inmate affixes, posts or displays any sexually explicit material on Department property, including walls, windows, or lighting fixtures.

 

  1. Section 1-03(c)(17) of title 39 of RCNY (Prohibited Conduct, Identification Procedures) is hereby amended to read in its entirety as follows:

 

17)    Identification Procedures

 

Grade III:

 

115.10: Inmates shall carry and display their Department ID [cards clipped onto the outermost garment] at all times when outside their cell or sleeping quarters.

 

115.11: Inmates shall promptly produce their Department ID [cards] at the direction of any staff member.

 

115.12: Inmates shall report the loss of their Department ID [card] promptly to appropriate staff members. Inmates shall be charged restitution [a fee of $6.00] for a new Department ID [identification card with or without a clip. There will be no charge for the clip alone].

 

115.13: Inmates shall not intentionally tamper with or destroy their Department ID.

 

  1. Section 1-03(c)(23) of title 39 of RCNY (Prohibited Conduct, Sexual Offenses) is hereby amended to read in its entirety as follows:

 

23)    Sex Offenses

 

Grade I:

 

122.10: [Inmates shall not force or in any way coerce any person to engage in sexual activities.] An inmate is guilty of a Grade I Sex Offense when the inmate forces, coerces or attempts sexual abuse against another person, or engages in sexual abuse of a person who is unable to consent or refuse.

 

Grade II:

 

122.11: [Inmates shall not voluntarily engage in sexual activity with any other person.] An inmate is guilty of a Grade II Sex Offense when the inmate engages in sexual activity with another inmate. All contact between inmates is prohibited, including kissing, embracing, and hand-holding.

 

122.12: [Inmates shall not expose the private parts of their body in a lewd manner.] An inmate is guilty of a Grade II Sex Offense when the inmate exposes the private parts of the inmate’s body in a lewd manner.

 

Grade III:

 

122.13: [Inmates shall not request, solicit or otherwise encourage any person to engage in sexual activity.] An inmate is guilty of a Grade III Sex Offense when the inmate requests, solicits or otherwise encourages any other inmate to engage in sexual activity, or makes repeated and unwelcome sexual advances or verbal comments of a derogatory or offensive nature, including but not limited to, sexually suggestive remarks, jokes, innuendos, comments, and gestures.

 

122.14: An inmate is guilty of a Grade III Sex Offense when the inmate, in the plain view of any person other than staff, intentionally touches oneself with or without exposing their genitals, buttocks or breasts in a manner that demonstrates it is for the purpose of sexual arousal, gratification, annoyance or offense, and that any reasonable person would consider this conduct offensive.

 

  1. Subparagraph 123.10 of Section 1-03(c)(24) of title 39 of RCNY (Prohibited Conduct, Smuggling) is hereby amended to read as follows:

 

 

123.10: Inmates shall be guilty of Grade I smuggling if, by their own actions or acting in concert with others, they smuggle weapons, drugs or drug-related products, manufactured chemical compounds that are not facility issued, alcohol, tobacco or tobacco-related products, or escape paraphernalia into or out of the facility.

 

 

  1. Section 1-04 of title 39 of RCNY (Hearing Procedures) is hereby amended as follows:

 

§ 1-04 Hearing Procedures

[This section sets forth hearing procedures.]

(a)  General procedures.

(1) When you are placed [against your will] in any of the most restrictive security categories, [including punitive segregation] (other than Pre-Hearing Detention, which is addressed in subsection (b) below), you will be given written notice of:

(i)    The reasons for the designation.

(ii)   The evidence relied upon. The Department is not required to provide you with the source of confidential information.

(iii)  The right to a hearing before an impartial Adjudication Captain appointed from the Adjudication Unit.

(iv)  Your rights at the hearing.

(b) Disciplinary hearing procedures.

(l) Pre-Hearing Detention (PHD). When you are placed in Pre-Hearing Detention (PHD) prior to your disciplinary hearing,

(i) You will be issued a Notice of Pre-Hearing Detention within twenty-four (24) hours of the placement, which will state the reason for the placement in PHD.

(ii) You will have the opportunity to respond to the Notice of Pre-Hearing Detection, verbally, or in writing in a designated space on the Notice form.

(iii)  [the] The infraction hearing will be completed within three (3) business days of your transfer to PHD whenever possible, but you shall not be held in PHD for more than seven (7) business days. If the hearing is not held in such time, you must be released from PHD. [If the infraction hearing cannot be completed within three (3) business days, the Adjudication Captain will assess whether it is likely that a hearing will be completed within another three (3) business days. PHD placement may be extended once for a maximum of another three (3) business days. If the hearing is not completed within that time the Chief of Facility Operations or his/her designee shall determine whether you should be placed in Close Custody.]

(2) Disciplinary Infraction Hearings. If you are not placed in PHD, the infraction hearing will take place within three (3) business days after you receive written notice, unless any further delay is justified in accordance with disciplinary due process [Directive 6500R-B III.C 2. Hearings] Your hearing may be held in absentia (that is, without you present) only [under the following circumstances:] if the following occurs: (i) [You] you are notified of the hearing and refuse to appear; or (ii) [You] you appear and are extremely disruptive, causing a situation[, which] that is unduly hazardous to institutional safety[, and necessitating] that necessitates your removal from the hearing room [thus constituting a constructive refusal to appear. When either of these situations arises] If your hearing is held in absentia, the justification for holding the hearing in absentia shall be clearly documented in the Adjudication Captain's decision.

 (3) At your hearing, you have the following rights:

(i)      To personally appear;

(ii)     To make statements;

(iii)    To present material, relevant, and non-duplicative evidence;

(iv)    To have witnesses testify at the hearing, provided they are reasonably available and [attending] their attendance at the infraction hearing will not be unduly hazardous to the institutional safety of correctional goals.

(v)     If you are non-English speaking, illiterate, blind, deaf, have poor vision, are hard of hearing, or if your case is very complicated, you have a right to be helped by a "hearing facilitator" (not a lawyer). The hearing facilitator shall be designated by the chief administrative officer, or the chief administrative officer’s designee, at least twenty-four (24) hours prior to the hearing. The hearing facilitator may assist you with:

(aa)           Interviewing witnesses;

(bb)          Obtaining evidence and/or written statements;

(cc)           Providing assistance at the disciplinary hearing;

(dd)          Providing assistance understanding administrative segregation decisions;

(ee)           Providing assistance understanding the evidence relied on by the hearing officer and the reasons for action taken;

(ff)           Providing assistance understanding the waiver of any rights; and

(gg)          Providing assistance in filing an appeal.

(vi)       If you do not understand or are not able to communicate in English well enough to conduct the hearing in English, you have a right to an interpreter in addition to a hearing facilitator.

(vii)      You have a right to appeal [an adverse] a decision against you.

(viii)     You have a right to have the hearing recorded.

(c) [Close Custody and Close Custody/Protective Custody] Protective Custody

(1)      If you are transferred to [close custody (CC), including] protective custody [(CC/PC)] (PC), the Department will determine within two (2) business days whether you should continue in such housing.  If you do not consent to a decision to continue [CC or CC/PC] PC placement, you will be provided with written notice as set forth in 39 RCNY §1-04(a) (l).

(2)      The hearing will be held no sooner than 24 hours and no later than three (3) business days after you receive the written notice of your [Close Custody security designation] PC housing placement, unless an adjournment is required or for one of the reasons set forth in Directive [6006R-C III. E. 8] 6007R-A.

(3)      The Adjudication Captain will recommend whether you should remain in [CC or CC/] PC to the [Chief of Facility] Operations Security Intelligence Unit (OSIU) in writing within one (1) business day after the hearing.  You will receive a copy of the decision [of the Chief of Facility Operations or designee] from OSIU.

(4)      If you are placed in [CC or CC/PC] PC the Department will review your [case] placement thirty (30) days after OSIU initially determined the assignment and then every [twenty-eight (28)] sixty (60) days thereafter to see if you should remain in [CC or CC/PC] PC.  You will be notified in writing of the results of that review.

(5)      If you request a hearing you will have the following rights:

i.            To personally appear;

ii.           To be informed of the evidence against you that resulted in the designation, subject to limitations regarding confidential information to protect another person’s safety or facility security;

iii.          The opportunity to make a statement;

iv.          To call witnesses subject to the Adjudication Captain's discretion;

v.           To present evidence;

vi.          The right to a written determination with reasons.

   [(d)   Miscellaneous.

      (1)   If you are illiterate, if your case is very complicated, or a pre-hearing transfer has restricted access to potential witnesses, you have a right to be helped by a "hearing facilitator" (not a lawyer). In hearings other than disciplinary infraction hearings, the Department may in its discretion allow you to have a lawyer present who is willing to represent you.

      (2)   If you do not understand English an interpreter will be provided.

      (3)   The proceedings of the hearing are recorded.]

Effective Date: 
Sat, 08/31/2019

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

Agency:
Comment By: 
Thursday, June 13, 2019
Proposed Rules Content: 

Notice of CHANGE OF LOCATION of Public Hearing

The New York City Department of Correction (“DOC”) has proposed rules to update the Inmate Rulebook. A notice of public hearing was published with the proposed rules in the City Record on May 8, 2019.  This Notice is being published and distributed to notify the public that the location of the public hearing has changed.

Date and time of hearing: The public hearing will be held on June 13, 2019 at 10 a.m.  (The date and time have not changed.)

The hearing location has changed:  The new hearing location will be in the David N. Dinkins Municipal Building, 1 Centre Street, New York, New York, in a room on the north side of the 18th floor. (The previous location was 22 Reade Street, New York, NY, in Spector Hall). 

Please give yourself extra time to pass through security in the lobby.

 Where can I find the rules? The proposed rules were previously published in the City Record on May 8, 2019, more than 30 days before the June 13 hearing date. You can find them online at http://rules.cityofnewyork.us/content/amendment-inmate-rule-book. You can also obtain a copy of the proposed rules at the Department of Correction’s offices at 75-20 Astoria Boulevard, Suite 305, E. Elmhurst, New York. 

How do I comment on the proposed rules? 

 ·       Website.  You can submit comments to the NYC DOC through the NYC rules website http://rules.cityofnewyork.us/content/amendment-inmate-rule-book.

 ·       Email.  You can email comments to RuleComments@doc.nyc.gov.

 ·       Mail.  You can mail comments to:

New York City Department of Correction

Office of Legal Affairs

75-20 Astoria Blvd, Suite 305

East Elmhurst, NY 11370

 

·      

Fax.  You can fax comments to the DOC at 718-278-6002, attn.: W. Bauman.

 

·      

By speaking at the hearing.  You can comment on the proposed rules at the public hearing. To do so, you must sign up before the hearing begins. You may sign up by calling Wesley Bauman, Esq., 718-546-0968 no later than 5 p.m. the day before the hearing, or on the day of the hearing by writing your name on the sign-in sheet that will be on a table in the hearing room before the hearing begins.

 


Speakers will be limited to three minutes at the public hearing.

Is there a deadline to submit comments?  Comments must be received by close of business on June 13, 2019.

What if I need assistance to participate in the hearing?  To request an accommodation, language interpretation, or to ask general accessibility questions about the event, please contact Willard Hunt at Willard.Hunt@doc.nyc.gov or 718-546-3388.  Advance notice is needed to allow sufficient time to arrange the accommodation.

This location has the following accessibility option(s) available: The building and room are wheelchair accessible.

Can I review the comments made on the proposed rules?  You can review the comments made online at http://rules.cityofnewyork.us/content/amendment-inmate-rule-book. A few days after the hearing, copies of all comments submitted online, copies of all written comments, and a summary of oral comments concerning the proposed rule will be available to the public on the website and at the Office of Legal Affairs, located at 75-20 Astoria Blvd, Suite 305, East Elmhurst, NY 11370.   

  

Statement of Basis and Purpose of Proposed Rule

The proposed rules amend the rules of the Department of Correction, codified in Title 39 of the Rules of the City of New York:  New provisions are added to the list of Sex Offenses (Section 1-03(c)(23)) in compliance with the federal Prison Rape Elimination Act and federal rules promulgated thereunder, and conform to amendments made by the Board of Correction to the Board’s rules (Title 40 of the Rules of the City of New York);

New offenses are added to the list of offenses under Disrespect of Staff (Section 1‑03(c)(10)) to specifically cover acts of sexual harassment towards staff.

The proposed changes to the Rules of Conduct provisions are intended to add certain definitions, to add to the list of inmate misbehaviors that constitute disciplinary offenses, in order to account for changes in federal law, and changes in technology; and to conform rule governing hearings to State Commission of Correction rules, including providing for hearing facilitators.

The following is a summary of the proposed rules.

Proposed amendments to Section 1-03(c)(10) to add prohibited conduct provisions under Disrespect for Staff to include acts that constitute sexual harassment towards staff

These sections are proposed to create new graduated offenses for inmates who act inappropriately towards staff by engaging in conduct of a sexual nature towards staff. Such conduct includes making sexual advances towards staff, or acting in verbal or nonverbal ways that is sexually derogatory or offensive towards staff, including but not limited to making sexually suggestive remarks, jokes, innuendos, comments, gestures; leering; and displaying sexually explicit material on Department property.

Proposed amendments to Section 1-03(c)(23) (Prohibited Conduct, Sexual Offenses)

The proposed amendments to subparagraphs 122.10, 122.11, and 122.13 in Paragraph 23 (Sex Offenses), and the addition of new subparagraph 122.14, are proposed to be made in part in response to U.S. Department of Justice regulations (Title 28 of the Code of Federal Regulations, §§ 115.5 et seq.) adopting national standards to prevent, detect, and respond to prison rape as required by the Prison Rape Elimination Act (“PREA”) of 2003 (Title 34 of the United States Code, §§ 30302 et seq.).  This section expands and clarifies existing sex offenses by prohibiting, among other things, sexual abuse against another person; kissing, embracing, and hand-holding by inmates; and making sexual advances or verbal comments of a derogatory or offensive nature including but not limited to sexually suggestive remarks, jokes, innuendos, comments, and gestures. 

In addition to the amendments listed above,

 

·      Section 1-03(b), Definitions, is amended to eliminate the numbering of the definitions and to alphabetically insert the following new definitions: “Department ID,” “sexual abuse,” “sexually explicit material,” and “staff.”

·      

Section 1-03(c), Prohibited Conduct, is amended to make the following changes:

  • Section 1-03(c)(2), the offense of Assault and Fighting, is amended to add the assault offenses of gang assault and Security Risk Group assault; both shall be Grade I offenses.
  • Section 1-03(c)(4), the offense of Contraband, is amended to put the razor rules all in one location; to add manufactured chemical compounds that are not facility-issued as contraband (e.g., synthetic marijuana); to add types of devices to the prohibition on telecommunication and recording devices; and to clarify  that credit cards, debit cards, and gift cards are contraband.
  • Section 1-03(c)(6), the offense of Creating a Fire, Health or Safety Hazard, is proposed to be amended to add a prohibition on using food warmers as a personal cooking device.
  •  

    Section 1-03(c)(17), the offense of violating Identification Procedures, is amended to reflect that inmate ID cards have been replaced by other forms of Department identification; to expressly prohibit tampering or destruction of inmate ID; and to provide for the penalty of restitution without reference to a particular cost if inmate ID is tampered with or destroyed.

  • Section 1-03(c)(24), the offense of Smuggling is amended to add the Grade I offense of smuggling manufactured chemical compounds that are not issued by the Department. 

·      

Section 1-04(c), Hearing Procedures, is amended to eliminate the reference to close custody, which is no longer used by the Department; the proposed amendments to protective custody are made to clarify the process for placement.

 

Subject: 

Amendment of Inmate Rule Book

Location: 
DCAS pre-bid conference room
1 Centre (North), 18th Floor
New York, NY 10007
Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

STATEMENT OF BASIS AND PURPOSE

The Department’s Fleet Program is a voluntary program that assists companies with one or more commercial vehicles in obtaining hearings for outstanding parking violation summonses. Similarly, the Department’s Car Rental Program is a voluntary program that assists vehicle rental companies in managing parking summonses. Under these programs, when companies receive summonses for their vehicles, they may be represented at hearings in the Department’s Commercial Adjudications Unit (“CAU”) by their employees or by brokers.

Effective Date: 
Sun, 09/02/2018

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Regulations

Various state and local laws vest the New York City Comptroller with authority to set prevailing wage and supplement rates and to enforce prevailing wage and living wage laws by conducting investigations and hearings and issuing reports with recommendations or orders, depending on the provisions of the various laws.  Over the years, as additional authority has been given to the Comptroller in this regard, it has become necessary and appropriate to update the Comptroller’s procedural rules. The laws that vest authority in the Comptroller are detailed below.

·       New York state labor law article eight requires payment of prevailing wages and supplements to construction workers on New York city public works projects.

·       New York state labor law article nine requires payment of prevailing wages and supplements to building service employees on building service contracts with city agencies.

·       New York state real property tax law sections 421-a (8), (16)(h), and 17(g) require payment of prevailing wages and supplements to building service employees in certain buildings that receive real estate tax exemptions under that law. New York state real property tax law section 421-a (16)(c) requires payment of an average minimum hourly wage to construction workers on certain projects that are entitled to real estate tax exemptions under that law. 

·       New York city administrative code section 6-109 requires payment of prevailing wages and supplements to workers on certain service contracts with city agencies and requires payment of living wages and supplements to workers on certain service contracts with city agencies.

·       New York city administrative code section 19-142 requires payment of prevailing wages and supplements to workers on New York city street excavations.

These regulations set forth a clear and uniform procedure for setting prevailing wage and supplement rates, conducting investigations and hearings and issuing recommendations or orders in cases brought under the above-mentioned laws. The comprehensiveness of the rules provides enhanced guidance to employers, employees, and building owners covered by these laws.

Section 1 amends the heading of chapter 2 of title 44 of the rules of the city of New York to clarify that the rules are inclusive of Comptroller activity under various prevailing wage laws, in addition to the labor law.

Section 2 amends section 2-01 of chapter 2 of title 44 to expand the description of applicable prevailing wage laws.  Section 3 repeals and replaces section 2-02 of chapter 2 of title 44 to address the need for definitions of additional terms.

Section 4 repeals and replaces section 2-03 of chapter 2 of title 44 to set forth the Comptroller’s procedures for determining Prevailing Wage and Supplements and how the determinations may be challenged.

Section 5 repeals and replaces section 2-04 of chapter 2 of title 44 to explain the extent of the obligation to pay prevailing wages and supplements, and record-keeping mandates for covered employers.

Section 6 repeals and replaces section 2-05 of chapter 2 of title 44 to explain how prevailing wage compliance investigations of covered employers are commenced, the look-back period, and the process and resolution of such investigations. The new section 2-05 now includes the parameters for penalties that may be assessed in a settlement with a covered employer in which the violation was committed by a subcontractor.

Section 7 amends chapter 2 of title 44 to add a new section 2-06 regarding prevailing wage hearings, and the interactions between the Comptroller, other agencies, and the office of administrative trials and hearings.

Section 8 renumbers chapters 3 and 4 of title 44, and adds a new heading for a new chapter 3 regarding the Comptroller’s procedure for enforcing living wage and minimum average hourly wage laws.

Section 9 adds a new section 3-01 of chapter 3 of title 44 to describe the applicable living wage and minimum average hourly wage laws.  Section 10 adds a new section 3-02 of chapter 3 of title 44 to define additional terms.

Section 11 adds a new section 3-03 of chapter 3 of title 44 to explain which records covered employers and independent monitors must maintain and provide to the Comptroller.  Section 12 adds a new section 3-04 of chapter 3 of title 44 to explain how living wage and minimum average hourly wage compliance investigations of covered employers are commenced, the look-back period, and the process and resolution of such investigations.

Section 13 adds a new section 3-05 of chapter 3 of title 44 to describe living wage and minimum average hourly wage hearings, and the interactions between the Comptroller, other agencies, and the office of administrative trials and hearings.

Effective Date: 
Sun, 07/29/2018

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

Statement of Basis and Purpose of Rule

 

Background of Rule Amendments

 

On November 2, 2010, New York City voters approved a number of Charter revisions including an amendment authorizing the Mayor, by executive order, to consolidate City administrative tribunals into the Office of Administrative Trials and Hearings (“OATH”). In addition, they required the establishment of a committee whose mandate was to recommend which tribunals or types of cases should be transferred to OATH. The Mayor's Committee on Consolidation of Administrative Tribunals issued its "Report and Recommendations," dated June 7, 2011, containing an Appendix with recommended modifications to rules of the various tribunals ("Report" and "Appendix"). The set of rules contained in the Appendix that were designated as OATH rules, referred to below as "interim rules," would be continued until OATH conducted rulemaking governing the procedures of the tribunals to be under its jurisdiction.

 

As further authorized by the Charter amendments, on June 8, 2011, the Mayor issued E.O. 148, which, among other things, transferred to OATH the administrative tribunals then located within the Department of Health and Mental Hygiene (“DOHMH”) and the Taxi and Limousine Commission, effective July 3, 2011.

 

With respect to the Health Tribunal, E.O. 148, by approving the Report and adopting its Appendix, provided that the rules and procedures governing adjudication at the DOHMH Administrative Tribunal would generally be continued with some modifications as interim rules of OATH applicable to the Health Tribunal within OATH. These rules and procedures were contained in Article 7 of the Health Code. This set of interim rules would be continued until such time as OATH completed rulemaking in accordance with the Charter. See E.O. 148, § 1(b) and (c).

 

As further background, two sets of rules containing provisions that are being amended by this rule are included as an endnote to this publication: (1) the interim rules applicable to the Health Tribunal that were contained in the Appendix to the Report, and (2) Article 7 (Administrative Tribunal) of the Health Code as it existed prior to the promulgation of E.O. 148.

 

Moreover, the Board of Health has proposed repealing the remaining provisions of

Article 7 of the Health Code within its jurisdiction and making certain other conforming changes to the Health Code, including adding a new § 3.12 concerning the operations of the Health Tribunal at OATH. The rulemaking actions of DOHMH, the Board of Health, and OATH are being coordinated so that the amendments enacted by each entity will take effect on the same date.

 

Health Code provisions, as described in this proposal, are set forth in a separate portion of Title 24 of the Rules of the City of New York. Unless otherwise specified, references to the Health Code that are included here refer to provisions modified in accordance with E.O. 148.

 

Summary of Rule Amendments

 

OATH will codify these interim rules by incorporating them, with some further modifications reflecting OATH practice, into a new Chapter 6 in Title 48 of Rules of the City of New York. The interim rules will now be renumbered and further modified, and they cover the following areas:

 

·         Replacing all references to the existence and jurisdiction of the DOHMH Tribunal with references to OATH;

 

·         Modifying various hearing procedures relating to adjournments, notifications, defaults, appeals, and other matters in order to reduce the burden on OATH and respondents, as well as to improve record-keeping;

 

·         Providing language assistance services to respondents when needed; and

 

·         Where appropriate, making these procedural rules consistent with OATH's practices generally and with respect to other tribunals.

 

Specific Amendments to be Enacted

 

Section 6-01(“Definitions Specific to this Chapter”) sets forth the meanings of terms specifically applicable to the Health Tribunal.

 

Section 6-02 (“Jurisdiction, powers and duties of the Health Tribunal”) closely tracks the interim rule (Health Code § 7.03) that transferred the jurisdiction from DOHMH to OATH.

 

Health Code § 7.05 (“Director/Chief Administrative Law Judge”) is repealed and not re- enacted because the position “Director of the Administrative Tribunal” would no longer exist and therefore there would no longer be references to such position in the OATH rules.

 

 

Section 6-03 (“Proceedings before the Health Tribunal”) continues, with technical changes, interim rule Health Code § 7.07, which retained the existing DOHMH rule while reflecting the transfer to OATH. The new rule reflects the transfer by specifying that the reference to the “Department” refers to the Health Tribunal at OATH.

 

 

Section 6-04 (“Appearances”) continues, with several changes, interim rule Health Code

§ 7.09, which retained the former DOHMH rule (except for subdivision (e) governing DOHMH’s settlement authority, which will remain with DOHMH with the added requirement that DOHMH notify OATH of all notices of violation that are withdrawn once DOHMH receives payment from respondents). The new rule makes several substantive changes to the interim rule, described below:

 

·         It moves the provision in subdivision (a) for adjourning telephone or electronic hearings for live hearings to Section 6-05 (h). This section addresses procedures for hearings by phone or other electronic media. It also provides that DOHMH, in addition to the respondent and respondent’s authorized representative, may request an adjournment of a scheduled hearing.

 

·         It removes requirements from former § 7.09(e) for certain findings by the hearing examiner before a default judgment is issued, to make them consistent with procedures currently in place at the Environmental Control Board.

 

·         It replaces the requirement for notice of default judgments by certified mail with notice by regular mail. OATH has found that requiring default decisions to be sent by certified mail is an administrative and financial burden on the Tribunal and, in addition, has downsides for respondents, who often do not follow the extra procedures necessary to claim certified mail. The new rule is consistent with procedures currently in place at the Environmental Control Board.

 

·         Finally, it changes the requirement for when motions for vacating default judgments must be received. The original rule requires receipt within 60 days of the Tribunal's mailing of the judgment to the respondent; the new rule requires receipt within 60 days of the date of the decision, resulting in improved record keeping at the Tribunal.

 

 

Section 6-05 (“Hearings and Adjudications by mail, telephone or other electronic media”) continues, with several changes, interim rule Health Code § 7.11, which retained the existing DOHMH rule as a rule of OATH. The new subdivision (f) provides that if a motion is made at a hearing for the presence of the inspector who issued the violation in question, the hearing examiner must only grant the motion if he or she determines that the inspector’s presence would contribute to a full and fair hearing. This change will result in more efficient hearings and reduce unnecessary delay. The new rule is consistent with procedures currently in place at the Environmental Control Board.

 

As a result of a comment received in connection with the published proposal, subdivision (g) has been revised to correct an inadvertent omission relating to the right of any party (not only the respondent) to request the record of a hearing.

 

Subdivision (j) of § 6-05 provides that OATH will provide appropriate language assistance services to respondents when needed. This subdivision describes how the hearing examiner may make such a determination. The new rule is consistent with procedures currently in place at the Environmental Control Board.

 

Section 6-06 (“Subpoenas”) continues, with changes, interim rule Health Code § 7.13, which retained the existing DOHMH rule. To be consistent with OATH authority, the new rule broadens subpoena power by removing the limitation which restricts the issuance of subpoenas to records and witnesses solely within the control of DOHMH.

Section 6-07 (“Disqualification of hearing examiners”) continues, with changes, interim rule Health Code § 7.15, which retained the existing DOHMH rule as a rule of OATH. The new rule makes several substantive changes to the interim rule, described below:

 

·         It modifies the procedure for making a motion for disqualification by eliminating the need to submit supporting affidavits.

 

·         It shortens the time frame for the hearing examiner’s reply to the motion.

 

·         It allows for a brief adjournment for the purpose of prompt appeal to the Chief Administrative Law Judge or his/her designee in the event that a hearing officer denies the motion for disqualification.

 

·         It provides that a party may raise a denial of a motion for disqualification on appeal.

 

·         The new rule is consistent with procedures currently in place at the Environmental

§  Control Board.

 

Section 6-08 (“Appeals”) continues, with changes, interim rule Health Code § 7.17, which superseded the DOHMH provisions for appeals by a “Review Board” and established an Appeals Unit within the Health Tribunal. Having appeals decided by an Appeals Unit within the Health Tribunal rather than the DOHMH Review Board promotes more independent decisionmaking. Additionally, interim rule Health Code § 7.17 granted DOHMH the right to appeal adverse decisions. In addition to those changes, the new rule now does the following:

 

·         It re-orders some of provisions and adjusts some of the technical requirements for notice and filing in subdivision (c).

 

·         It provides that all appeals be decided on written submissions and the record of the hearing.

 

·         It no longer contains a provision of the prior rule that had allowed parties to make requests to appear before the Appeals Unit (in order to be consistent with the changes above).

 

·         In subdivision (d) of the new rule, it states that a respondent may apply for a waiver of prepayment of fines prior to appealing a decision, thereby making the appeals process more accessible to all respondents regardless of their ability to pay the fines.

 

·         Consistent with its experience with appeals at the ECB Tribunal, OATH anticipates that these changes will increase efficiency and mitigate scheduling difficulties and backlogs without an impact on due process.

 

Former Health Code §7.19 (“Disqualification of member of Review Board”) was superseded in the interim rule and is no longer in effect.

 

Section 6-09 (“Registration and disqualification of certain authorized representatives”) continues and makes technical conforming changes to interim rule Health Code § 7.21, which retained the DOHMH rule as a rule of OATH. The prior changes are contained in Article 7 of the Health Code and Chapter 7 of Title 24 of the Rules of the City of New York.

 

Section 6-10 (“Computation of time”) continues, with modification, interim rule Health Code § 7.23, which retained the existing DOHMH rule as a rule of OATH. Under the interim rule and the former DOHMH rule, when a party had the right or requirement to do an act within a period of time from the date of service of a document, and if service of the document was by mail, five days were added to the period of time. In the new Chapter 6 in Title 48 of RCNY, all such time periods, with the exception of a non-appealing party’s time to respond to an appeal, start from the date of a Tribunal decision instead of the date of service of the document. Accordingly, subdivision (b) of this section is modified to provide that if a Tribunal decision is mailed to a party, seven days will be added to period of time within which the party has the right or requirement to act. This change is made to account for the extra time it is expected to take the Health Tribunal to process and mail the decision.

 

 

Effective Date: 
Fri, 07/20/2012

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

Statement of Basis and Purpose

 

Statutory Authority

 

These amendments to the New York City Health Code (the “Health Code”) are issued in accordance with §§556, 558 and 1043 of the New York City Charter (the “Charter”). Section 556 of the Charter provides the Department of Health and Mental Hygiene (the “Department”) with authority to regulate all matters affecting health in the city of New York. Section 558(b) and (c) of the Charter empower the Board of Health (the “Board”) to amend the Health Code and to include in the Health Code all matters over which the Department has authority. Section 1043 of the Charter gives the Department rulemaking powers. These amendments are also promulgated pursuant to revisions to the Charter approved by the voters in 2010, authorizing the Mayor by Executive Order to consolidate certain administrative tribunals by transferring their adjudicatory functions to the Office of Administrative Trials and Hearings (OATH).

 

Basis and Purpose of the Rule Change

 

On November 2, 2010, New York City voters approved Charter revisions authorizing the Mayor, by Executive Order, to consolidate certain administrative tribunals into OATH. By Executive Order No. 148 (June 8, 2011) (the “Executive Order”), the Mayor ordered the “transfer of the administrative tribunals [sic] established by the Board of Health pursuant to Section 558 of the Charter” to OATH, effective July 3, 2011. The Executive Order further provided that certain provisions of the Health Code and other Rules of the City of New York pertaining to the Department’s Administrative Tribunal, as well as some additional interim procedures, would be deemed rules of OATH in accordance with the Report and the Appendix to the Report of the Committee on Consolidation of Administrative Tribunals (“Mayor’s Committee”) until OATH itself completed rulemaking in accordance with the Charter.

 

At its meeting on June 14, 2011, the Board of Health adopted a resolution facilitating the transfer by designating the Administrative Tribunal as the “Health Tribunal at OATH, which shall decide questions of fact and law and penalties to be imposed in all matters brought before such Administrative Tribunal…”

 

To further facilitate a smooth transition of adjudicatory and appeals functions to the Health Tribunal at OATH, the Board has repealed Article 7 and amended other provisions of the Health Code that refer to either or both Article 7 and the Administrative Tribunal, to be consistent with the Executive Order and Report and Appendix of the Mayor’s Committee. Those provisions of Article 7 that survive the transfer to OATH have been added to Article 3. In addition, certain provisions of the Department’s rules in Chapter 7 of Title 24 of the Rules of the City of New York ("RCNY"), which differentiated matters previously assigned to the Administrative Tribunal (penalties and fines) and OATH (show cause, permit revocations and suspensions) have also been incorporated in Article 3. In a separate rulemaking process that does not require Board of Health approval, the Department will take necessary actions to repeal Chapter 7 of Title 24 RCNY and Chapter 1 of Title 25 RCNY (Adjudications of the former Department of Mental Health and Retardation).

 

The following is a summary of the amendments that have been adopted:

 

Article 1 (Short Title and General Definitions). Section 1.03 (b), defining the Administrative Tribunal, has been amended by identifying the new Health Tribunal at OATH. A new subdivision (k) has been added that references and defines OATH.

 

Article 3 (General Provisions). Section 3.11 (c) (which provided that when a respondent fails to appear at the Administrative Tribunal and is found in default, any penalty imposed shall be double that which would have been imposed if the respondent was found in violation after a hearing) has been amended to reference the new name of the tribunal and add provisions recommended by Mayor’s Committee relating to the name of the tribunal (former §7.01); jurisdiction (former §7.03); and surviving provisions of Chapter 7 of Title 24 RCNY. Section

3.12 continues the tribunal created by the Board of Health, but transfers its operation to OATH.

 

Article 47 (Child Care Services). Section 47.77 (h), referring to the authority of the Department to issue notices of violation pursuant to Article 7, has been amended by changing the reference to Article 7 of the Health Code..

 

Article 151 (Pest Prevention and Management). Section 151.05 (a), which authorizes the Environmental Control Board in addition to the Administrative Tribunal to adjudicate notices of violation, has been amended to refer to the Health Tribunal at OATH.

 

Article 5 (General Permit Provisions) and Article 81 (Food Preparation and Food Establishments). Changes in the text of these two articles that reference Article 7 and the Administrative Tribunal have been incorporated into the resolutions adopting comprehensive amendments of these articles.

 

Statement Pursuant to Charter § 1043

 

This proposal was not included in the Department’s regulatory agenda because the need for the amendment became known after publication of the regulatory agenda.

 

 

Effective Date: 
Fri, 07/20/2012

Adopted Rules: Closed to Comments

Adopted Rules Content: 



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



Effective Date: 
Sun, 01/29/2012