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Adopted Rules: Closed to Comments

Adopted Rules Content: 

Notice of Adoption 

 

NOTICE IS HEREBY GIVEN, pursuant to the authority vested in the New York City Commission on Human Rights (“Commission”) by section 905(e)(9) of the New York City Charter and in accordance with the requirements of Section 1043 of the Charter, that the Commission has adopted new rules governing pre-employment testing for marijuana.  

 

The required public hearing was held on April 16, 2020. The Commission voted to adopt the final rules at a public meeting held on June 16, 2020.

 

Statement of Basis and Purpose of Rule

The New York City Commission on Human Rights (the “Commission”) is amending its rules to add exceptions to the general prohibition on preemployment testing for tetrahydrocannabinols or marijuana. 

The Commission’s authority for these rules is found in sections 905(e)(9) and 1043 of the New York City Charter and section 8-107(31) of the Administrative Code.

Effective Date: 
Fri, 07/24/2020

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, April 27, 2020
Proposed Rules Content: 

NOTICE OF EXTENDED TIME TO COMMENT ON PROPOSED RULE

The New York City Commission on Human Rights is proposing to amend its rules to clarify exceptions to the general prohibition on preemployment testing for tetrahydrocannabinols or marijuana. These proposed rules will amend Title 47 of the Rules of the City of New York.

In light of difficulties that COVID-19 may pose for certain members of the public seeking to provide comment on the proposed rules, the deadline to submit written comments is extended to April 27, 2020. An online hearing of the proposed rules was held on April 16, 2020.  View this PDF to see the proposed rule on marijuana testing exceptions

Subject: 

.

Contact: 

No contact

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, April 16, 2020
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

The New York City Commission on Human Rights (the “Commission”) is proposing to amend its rules to clarify exceptions to the general prohibition on preemployment testing for tetrahydrocannabinols or marijuana. 

These proposed rules would amend title 47 of the Rules of the City of New York to explain covered entities’ obligations under the City Human Rights Law.

The Commission’s authority for these rules is found in sections 905(e)(9) and 1043 of the New York City Charter and section 8-107(31) of the Administrative Code.

Subject: 

The hearing will be held online on April 16, 2020 at 10:00am
at https://join.me/CCHR-Public-Hearing. Participants who are unable to join online may attend
by phone by calling (646) 307-1990 and using conference code 148-616-607.

Contact: 

No contact

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

Agency:
Comment By: 
Thursday, April 16, 2020
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

The New York City Commission on Human Rights (the “Commission”) is proposing to amend its rules to clarify exceptions to the general prohibition on preemployment testing for tetrahydrocannabinols or marijuana.

These proposed rules would amend title 47 of the Rules of the City of New York to explain covered entities’ obligations under the City Human Rights Law.

The Commission’s authority for these rules is found in sections 905(e)(9) and 1043 of the New York City Charter and section 8-107(31) of the Administrative Code.

Subject: 

Exceptions to Prohibition of Preemployment Testing for Marijuana

Location: 
Spector Hall
22 Reade Street 1st 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 of Finance is proposing rules related to Local Law 97 of 2013, Local Law 95 of 2015 and Local Law 97 of 2015.

 The Sensible Tobacco Enforcement Law (“STE Law”) (Local Law 97 of 2013) amended Titles 11 and 17 of the New York City Administrative Code (“Code”).  The law added new tobacco violations to Title 17 of the Code and authorized the Department of Finance (“Department”) to enforce these new and other existing tobacco violations, including the issuance of Summonses (also known as Notices of Violation).  The STE Law also authorized the Commissioner of Finance (“Commissioner”) to establish an adjudicative body or select an administrative tribunal to adjudicate these violations and to promulgate rules relating to such violations under Title 17 of the Code.  Additionally, the STE Law amended Titles 11 and 20 of the Code to authorize the Commissioner and the Commissioner of Consumer Affairs to order the sealing of premises when multiple violations within a prescribed period occur on the premises.

Thereafter, Local Law 97 of 2015 amended Title 10 of the Code by adding a new § 10-203, which prohibits the manufacture, distribution or sale, and the possession with intent to sell, of any synthetic cannabinoid or synthetic phenethylamine (known as “synthetic marijuana” or “K2”).  Among other things, Local Law 97 of 2015 imposed civil penalties for the violation of these prohibitions.  Local Law 95 of 2015 amended this new § 10-203 by authorizing the suspension or revocation a cigarette dealer’s license for violating § 10-203. The civil penalties set forth in the law may be adjudicated in a proceeding before a tribunal established within the Office of Administrative Trials and Hearings (“OATH”) or within an agency designated to conduct such proceedings.  The Department is authorized by this local law to establish rules to carry out its provisions.

Effective Date: 
Sun, 07/23/2017

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, April 28, 2017
Proposed Rules Content: 

 

STATEMENT OF BASIS AND PURPOSE

 The Department of Finance is proposing rules related to Local Law 97 of 2013, Local Law 95 of 2015 and Local Law 97 of 2015.

 The Sensible Tobacco Enforcement Law (“STE Law”) (Local Law 97 of 2013) amended Titles 11 and 17 of the New York City Administrative Code (the “Code”).  The law added new tobacco violations to Title 17 of the Code and authorized the Department of Finance (the “Department”) to enforce these new and other existing tobacco violations, including the issuance of Summonses (also known as Notices of Violation).  The STE Law also authorized the Commissioner of Finance (the “Commissioner”) to establish an adjudicative body or select an administrative tribunal to adjudicate these violations and to promulgate rules relating to such violations under Title 17 of the Code.  Additionally, the STE Law amended Titles 11 and 20 of the Code to authorize the Commissioner and the Commissioner of Consumer Affairs to order the sealing of premises when multiple violations within a prescribed period occur on the premises.

 Thereafter, Local Law 97 of 2015 amended Title 10 of the Code by adding a new § 10-203, which prohibits the manufacture, distribution or sale, and the possession with intent to sell, of any synthetic cannabinoid or synthetic phenethylamine (known as “synthetic marijuana” or “K2”).  Among other things, Local Law 97 of 2015 imposed civil penalties for the violation of these prohibitions.  Local Law 95 of 2015 amended this new § 10-203 by authorizing the suspension or revocation a cigarette dealer’s license for violating § 10-203. The civil penalties set forth in the law may be adjudicated in a proceeding before a tribunal established within the Office of Administrative Trials and Hearings (“OATH”) or within an agency designated to conduct such proceedings.  The Department is authorized by this local law to establish rules to carry out its provisions.

The Department is proposing the following rules that detail how the penalties will be adjudicated as authorized by the previously mentioned local laws. These rules would:

·         Designate the OATH Hearings Division to adjudicate Summonses for tobacco violations

·         Designate the OATH Hearings Division to adjudicate Summonses for synthetic marijuana (K2) violations

Subject: 

The Department of Finance is considering adding rules regarding the adjudication of Summonses (also known as Notices of Violation (“NOVs”)) that DOF will issue for certain tobacco violations and synthetic marijuana violations

Location: 
NYC Department of Finance, Legal Affairs Division
345 Adams Street, 3rd Fl.
Brooklyn, NY 11201
Contact: 

You may contact Joan Best (by telephone, (718) 488-2007 or TTY (212) 639-9675) or by email (bestj@finance.nyc.gov) to make your accommodation request. You can email written comments to MulliganJ@finance.nyc.gov. You can mail written comments to NYC Department of Finance, Legal Affairs Division, 345 Adams Street, 3rd Floor, Brooklyn, N.Y. 11201, Attn: John Mulligan. You can fax written comments to NYC Department of Finance, Attn: John Mulligan, at (718) 488-2037.

Download Copy of Proposed Rule (.pdf):