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Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, August 15, 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 Fire Penalty Schedule rule.  This schedule is found in Section 3-106 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY), and consists of Fire Penalty Schedule I and Fire Penalty Schedule II, which govern violations occurring on/before or after June 30, 2008, respectively. The Fire Penalty Schedule rule contains penalties for notices of violation issued by the New York City Fire Department (FDNY) for violations of Titles 15, 28, and 29 of the New York City Administrative Code, and Title 3 of the Rules of the City of New York. FDNY is proposing a companion rule adding the Fire Penalty Schedule applicable to violations occurring after June, 2008 to its rules.

 

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 15, 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 15, 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 5:00 p.m. on August 15, 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 call Elizabeth Nolan by telephone at (212) 436-0708 to request a reasonable accommodation. Please tell us by August 8, 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? Section 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(b) 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 proposing to repeal its Fire Penalty Schedule rule, which consists of Fire Penalty Schedule I and Fire Penalty Schedule II.  This schedule is found in 48 RCNY § 3-106, and contains penalties for violations of provisions in Titles 15, 28, and 29 of the New York City Administrative Code, and Title 3 of the Rules of the City of New York. At the same time, FDNY is also proposing to enact a Fire Penalty Schedule within its own rules, which will be located in 3 RCNY § 109-03. 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 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 regulatory and enforcement agencies have the necessary expertise to determine appropriate penalties for violation of the rules and of the laws within their jurisdiction 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 been established by the legislature and/or that have already undergone the City Administrative Procedure Act (CAPA) process by the enforcement agency.  The public will still have the opportunity to comment on proposed penalties during that process.

 

Working with the City’s rulemaking agencies, the Law Department, the Mayor’s Office of Management and Budget, and the Mayor’s Office of Operations conducted a retrospective rules review of the City’s existing rules, identifying those rules that will be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to help support public understanding and compliance. This proposed rule repeal was identified as meeting the criteria for this initiative.

 

 

New material is underlined.

[Deleted material is in brackets.]

 

Section 1. The Fire Penalty Schedule, which consists of Fire Penalty Schedules I and II and is found in Section 3-106 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, enolan@oath.nyc.gov

Download Copy of Proposed Rule (.pdf): 

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: 

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. OATH ECB repeals its Department of Parks and Recreation Penalty Schedule in Section 3-116 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York. The proposed rule repeal was published in The City Record on December 22, 2016, and a public hearing was held on January 24, 2017. 

 

One member of the public attended the public hearing. No one testified at the public hearing concerning this rule repeal and OATH did not receive any written comments. 

 

Statement of Basis and Purpose

 

OATH’s Environmental Control Board (OATH ECB) is centralizing and streamlining its hearings to make it more efficient for the public to have their cases heard.  As part of this process, OATH ECB is repealing agency penalties from its rules so that they can be relocated within the rules of the regulatory and enforcement agencies that enforce the violations of rules and laws within their jurisdiction.  This shift will help clarify to the public that OATH ECB is a neutral third party that hears and tries cases brought by other City agencies and is not an enforcement agency.

 

In this case, the Department of Parks and Recreation (DPR) is enacting a penalty schedule within its own rules (to be located at 56 RCNY 1-07).  Moving the Penalty Schedule to Chapter 56 of the Rules of the City of New York, entitled “Department of Parks and Recreation,” makes it easier for the public to find the penalties, which, with one exception in the New York City Administrative Code, will be located within the same chapter as the violations alleged in the summonses.

 

The change effected by the rule repeal also places the responsibility for determining penalty amounts on the DPR, which has the necessary expertise to establish appropriate penalties based on the severity of each violation and its effect on park property and park users.

 

Furthermore, the rule repeal speeds up the rulemaking process by removing the need for redundant OATH ECB Board approval of proposed penalties for DPR rules that have already gone through the City Administrative Procedure Act (“CAPA”) rulemaking requirements.  Since DPR must undergo the CAPA process when enacting or amending a rule, the public will still have the opportunity to comment on proposed penalties during the DPR rulemaking process.

 

§ 1. The Department of Parks and Recreation Penalty Schedule, found in Section 3-116 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York, is REPEALED.

 

§ 2. This rule takes effect on June 13, 2017.

Effective Date: 
Tue, 06/13/2017

Adopted Rules: Closed to Comments

Adopted Rules Content: 

NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED in the Office of Administrative Trials and Hearings in accordance with Sections 1049(4)(g) and 1043(b) of the New York City Charter. OATH promulgates a new Chapter 7 of Title 48 of the Rules of the City of New York, which describes OATH’s community service program mandated by New York City Charter Section 1049(4). 

 

The proposed rule was published in The City Record on March 31, 2017, and a public hearing was held on May 1, 2017. No members of the public attended the public hearing and OATH did not receive any written comments concerning this rule.

 

Statement of Basis and Purpose

 

The Office of Administrative Trials and Hearings (OATH) promulgates a new Chapter 7 of Title 48 of the Rules of the City of New York, describing OATH’s community service program, mandated by New York City Charter Section 1049(4). 

 

The New York City Council passed the Criminal Justice Reform Act (CJRA) to create the opportunity for civil enforcement of low-level, non-violent offenses. This legislation was enacted on June 13, 2016.  As part of the CJRA, Local Law 73 added new provisions to section 1049 of the NYC Charter that require OATH Hearing Officers to offer an option to perform community service in lieu of paying a monetary civil penalty for certain specified violations of the Administrative Code and certain violations of rules of the Department of Parks and Recreation (DPR).

 

Local Law 73 added subdivision 4 of section 1049 to the NYC Charter.  This subdivision requires that an OATH Hearing Officer offer a respondent who has been accused of committing a specified violation of the Administrative Code or of DPR’s rules the option to perform community service instead of paying a monetary civil penalty. Local Law 73 defines community service broadly to include attendance at programs that are either in-person or web-based, which are designed to benefit, improve, or educate either the community or the respondent. Section 1049(4)(b) provides a list of “Specified Violations” that are eligible for community service.  The Charter also provides guidelines as to the amount of community service to be performed in lieu of payment of the monetary civil penalty.  Section 1049(4)(g) grants OATH the authority to promulgate rules necessary for carrying out the Charter requirements concerning community service.  Specifically, OATH is required to promulgate rules that specify the correspondence between the amount of community service offered and the amount of civil penalties imposed.  OATH has structured several community service program offerings, each of which has a set number of hours that correlate to the benchmark set forth in Local Law 73 of 2016.

 

This rule describes OATH’s community service program and the procedures a respondent must follow to request and complete community service. Chapter 7 contains the following:

 

  • A definitions section, which defines terms such as Community Service, Community Service Provider, and Specified Violations;
  • A chart of Specified Violations for which community service is an option, including the applicable monetary penalty and the corresponding number of community service hours;
  • The procedures a respondent must follow to choose the community service option;
  • The procedure and requirements to timely complete community service or request an extension to complete community service;
  • The consequences for failure to timely complete community service; and
  • The procedure for appealing a decision after a respondent has chosen the community service option.

 

OATH made the following changes to Section 7-02 of the proposed rule:

  • Revised the chart to conform the relevant summons citations, descriptions and penalty amounts to the Department of Parks and Recreation penalty schedule, which is being promulgated simultaneously with this rule. 
  • Changed the heading in the chart from “Monetary Penalty” to “Citation Monetary Penalty.”
  • Removed from the chart the violations of “Unauthorized music or noise for advertising/commercial purposes” and “Commercial cinematic production without required permit” based on Section 1049(4) of the NYC Charter, which states that Specified Violations do not include violations arising during the course of conducting any commercial activity or violations arising from an activity carried out for a commercial purpose. 
Effective Date: 
Tue, 06/13/2017

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 Buildings Penalty Schedule, found in Section 3-103 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 Buildings (DOB) for violations of Title 1 of the RCNY and Titles 27 and 28 of the New York City Administrative Code. DOB promulgated a rule adding the Buildings Penalty Schedule to its rules.

 

The proposed rule was published in The City Record on February 27, 2017, and a public hearing was held on March 29, 2017. Three members of the public attended the public hearing and two members provided testimony.  OATH ECB did not receive any written comments concerning this rule. 

 

Statement of Basis and Purpose of Rule

 

The Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) repeals its Buildings Penalty Schedule, which consists of Buildings Penalty Schedule I and Buildings Penalty Schedule II.  This schedule is found in 48 RCNY § 3-103, and contains penalties for violations of Title 1 of the Rules of the City of New York (RCNY) and Titles 27 and 28 of the New York City Administrative Code. At the same time, DOB has enacted a Buildings Penalty Schedule within its own rules, which will be located in 1 RCNY § 102-1. 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 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 regulatory and enforcement agencies have the necessary expertise to determine appropriate penalties for violation of the rules and of the laws within their jurisdiction 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 rule repeal speeds up the rulemaking process by eliminating the need forOATH ECB approval of proposed or amended penalties for agency rules that have already been established by the legislature and/or that have already undergone the City Administrative Procedure Act (CAPA) process by the enforcement agency.  The public will still have the opportunity to comment on proposed penalties during that process.

Working with the City’s rulemaking agencies, the Law Department, the Mayor’s Office of Management and Budget, and the Mayor’s Office of Operations conducted a retrospective rules review of the City’s existing rules, identifying those rules that will be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to help support public understanding and compliance. This rule repeal was identified as meeting the criteria for this initiative.

 

 

New material is underlined.

[Deleted material is in brackets.]

 

 

Section 1. The Department of Buildings Penalty Schedule, found in Section 3-103 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York, is REPEALED.

Effective Date: 
Wed, 05/10/2017

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, May 1, 2017
Proposed Rules Content: 

City of New York

Office of Administrative Trials and Hearings

 

Notice of Public Hearing and Opportunity to Comment on Proposed Rule

 

What are we proposing? The Office of Administrative Trials and Hearings (OATH) proposes a new Chapter 7 of Title 48 of the Rules of the City of New York, concerning the community service program established by OATH pursuant to new subdivision four of New York City Charter Section 1049, which was added by Local Law 73 of 2016.  

 

When and where is the Hearing? OATH will hold a public hearing on the proposed rule. The public hearing will take place from 10:00 a.m. through 11:30 a.m. on May 1, 2017. The hearing will be in the OATH 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, Attention: Simone Salloum, Assistant General Counsel, 66 John Street, 10th Floor, New York, NY 10038.

 

  • Fax. You can fax written comments to OATH, 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 May 1, 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 the close of business on May 1, 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 at 212-436-0708. You must tell us by April 24, 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, 66 John Street, 10th Floor, New York, NY 10038.

 

What authorizes OATH to make this rule? Section 1049(4)(g) of the City Charter authorizes OATH to make this proposed rule. This proposed rule was included in OATH’s regulatory agenda for this Fiscal Year.

 

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

 

What rules govern the rulemaking process? OATH must meet the requirements of Section 1043(b) of the City Charter when creating or changing rules. This notice is made according to the requirements of Sections 1043(b) and 1049(4)(g) of the City Charter.

 

 

Statement of Basis and Purpose of Proposed Rule

The Office of Administrative Trials and Hearings (OATH) proposes a new Chapter 7 of Title 48 of the Rules of the City of New York, describing OATH’s community service program, mandated by New York City Charter Section 1049(4). 

The New York City Council passed the Criminal Justice Reform Act (CJRA) to create the opportunity for civil enforcement of low-level, non-violent offenses. This legislation became law on June 13, 2016.  As part of the CJRA, Local Law 73 added new provisions to section 1049 of the NYC Charter that require OATH Hearing Officers to offer an option to perform community service in lieu of paying a monetary civil penalty for certain specified violations of the Administrative Code and certain violation of rules of the Department of Parks and Recreation (DPR).

Local Law 73 added subsection 1049(4) to the NYC Charter.  This section requires that an OATH Hearing Officer offer a respondent who has been accused of committing a specified violation of the Administrative Code or of DPR’s rules the option to perform community service instead of paying a monetary civil penalty. Local Law 73 defines community service broadly to include attendance at programs that are either in-person or web-based, which are designed to benefit, improve, or educate either the community or the respondent. Section 1049(4)(b) provides a list of “Specified Violations” that are eligible for community service.  The Charter also provides guidelines as to the amount of community service to be performed in lieu of payment of the monetary civil penalty.  Section 1049(4)(g) grants OATH the authority to promulgate rules necessary for carrying out the Charter requirements concerning community service.  Specifically, OATH is required to promulgate rules that specify the correspondence between the amount of community service offered and the amount of civil penalties imposed.  OATH has structured several community service program offerings, each of which has a set number of hours that correlate to the benchmark set forth in Local Law 73 of 2016.

This proposed rule describes OATH’s community service program and the procedures a respondent must follow to request and complete community service. Proposed new Chapter 7 contains the following:

  • A definitions section, which defines terms such as Community Service, Community Service Provider, and Specified Violations;
  • A chart of Specified Violations for which community service is an option, including the applicable monetary penalty and the corresponding number of community service hours;
  • The procedures a respondent must follow to choose the community service option;
  • The procedure and requirements to timely complete community service or request an extension to complete community service;
  • The consequences for failure to timely complete community service; and
  • The procedure for appealing a decision after a respondent has chosen the community service option. 
Subject: 

.

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

Elizabeth Nolan, enolan@oath.nyc.gov, (212) 436-0708

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

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

Statement of Basis and Purpose of Proposed Rule

On August 7, 2016, OATH made changes to its rules, which are found at Title 48 of the Rules of the City of New York (RCNY). OATH has repealed the Air Code and Noise Code Penalty Schedules from its rules and these penalty schedules have been promulgated by DEP as 15 RCNY 43-01 et seq. (Air) and 15 RCNY 47-01 et seq. (Noise). When DEP promulgated these penalty schedules in its rules, outdated references to sections of OATH’s rules were carried over. The proposed rules replace these outdated references.

Consistent with the above, DEP promulgates the following amendments, to be found at 15 RCNY Chapters 43 and 47.

Subject: 

.

Location: 
Contact: 

No contact

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, April 10, 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 NYC Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) proposes to amend its Sanitation Penalty Schedule, found in Section 3-122 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY), by repealing penalty provisions relating to violations of NYC Administrative Code Section 16-118.  This schedule contains penalties for summonses issued by the New York City Department of Sanitation (DSNY). Simultaneously, DSNY is proposing a companion rule that includes the penalty provisions for violations of Section 16-118.

 

When and where is the Hearing? OATH ECB will hold a public hearing on the proposed rule. The public hearing will take place from 10:00 a.m. through 11:30 a.m. on April 10, 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 April 10, 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 the close of business on April 10, 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 at 212-436-0708. You must tell us by April 3, 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(b) 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 proposing the repeal of all violations of NYC Administrative Code Section 16-118 from the Sanitation Penalty Schedule found in Title 48 of the Rules of the City of New York Section 3-122.  Local Law 75 of 2016, which took effect on August 12, 2016, amended the penalty amounts for violations of Administrative Code Section 16-118(1).  As a result, OATH ECB repealed the penalty provisions for violations of Section 16-118(1) from its Sanitation Penalty Schedule, effective November 6, 2016.  OATH ECB now proposes the repeal of the remaining violations of Section 16-118 from the Sanitation Penalty Schedule.  At the same time, DSNY is also proposing to add a new Chapter 19 to Title 16 of the Rules of the City of New York that will contain the penalties for violations of Administrative Code Section 16-118.

 

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 Rules of the City of New York so that they can be relocated to the rules of the agencies with 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 promulgated penalty schedules, the regulatory and enforcement agencies have the regulatory authority and necessary expertise to determine appropriate penalties to address violation of the rules and of the laws within their jurisdiction. In addition, moving the penalty schedule will make it easier for the public to find the penalties, which will be located within the same chapter as the rules that contain the substantive violations alleged in the summonses. Finally, the proposed rule repeal will speed up the rulemaking process by eliminating the need for board approval of penalties that have already been established by the legislature and/or that have already undergone the City Administrative Procedure Act (CAPA) process by the enforcement agency. The public will still have the opportunity to comment on proposed penalties during that process.

 

 Working with the City’s rulemaking agencies, the Law Department, the Mayor’s Office of Management and Budget, and the Mayor’s Office of Operations conducted a retrospective rules review of the City’s existing rules, identifying those rules that will be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to help support public understanding and compliance. This proposed rule repeal was identified as meeting the criteria for this initiative.

Subject: 

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

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

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, March 29, 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 Buildings Penalty Schedule.  This schedule is found in Section 3-103 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 Buildings (DOB) for violations of Title 1 of the RCNY and Titles 27 and 28 of the New York City Administrative Code. DOB is proposing a companion rule adding the Buildings Penalty Schedule to its rules.

 

When and where is the Hearing? OATH ECB will hold a public hearing on the proposed rule. The public hearing will take place from 10:00 a.m. through 11:30 p.m. on March 29, 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 March 29, 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 12:00 p.m. on March 29, 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 at 212-436-0708. You must tell us by March 22, 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(b) 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 proposing to repeal its Buildings Penalty Schedule, which consists of Buildings Penalty Schedule I and Buildings Penalty Schedule II.  This schedule is found in 48 RCNY § 3-103, and contains penalties for violations of Title 1 of the Rules of the City of New York (RCNY) and Titles 27 and 28 of the New York City Administrative Code. At the same time, DOB is also proposing to enact a Buildings Penalty Schedule within its own rules, which will be located in 1 RCNY § 102-1. 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 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 regulatory and enforcement agencies have the necessary expertise to determine appropriate penalties for violation of the rules and of the laws within their jurisdiction 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 been established by the legislature and/or that have already undergone the City Administrative Procedure Act (CAPA) process by the enforcement agency.  The public will still have the opportunity to comment on proposed penalties during that process.

Working with the City’s rulemaking agencies, the Law Department, the Mayor’s Office of Management and Budget, and the Mayor’s Office of Operations conducted a retrospective rules review of the City’s existing rules, identifying those rules that will be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to help support public understanding and compliance. This proposed rule repeal was identified as meeting the criteria for this initiative.

 

 

New material is underlined.

[Deleted material is in brackets.]

 

Section 1. The Department of Buildings Penalty Schedule, found in Section 3-103 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York, is REPEALED.

 

 

 

 

 

Subject: 

.

Location: 
OATH
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: 

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. OATH ECB repeals its Noise Code Penalty Schedule in Section 3-115 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York. The proposed rule repeal was published in The City Record on December 23, 2016, and a public hearing was held on January 26, 2017. 

 

No one attended or testified at the public hearing concerning this rule repeal and OATH did not receive any written comments. 

 

 

Statement of Basis and Purpose

 

The NYC Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) repeals its Noise Code Penalty Schedule.  This schedule is found in 48 RCNY § 3-115, and contains penalties for violations of Title 15 of the RCNY and Titles 10 and 24 of the New York City Administrative Code. At the same time, DEP promulgates a penalty schedule for violation of these laws within Title 15 of the RCNY. DEP’s penalty schedule is located in Chapter 47 of Title 15 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 enforcement agencies with rulemaking and policymaking jurisdiction over the laws that underlie these penalties.

 

Although OATH ECB is empowered to impose penalties under the New York City Charter and has promulgated penalty schedules, the regulatory and enforcement agencies have the regulatory authority and necessary expertise to determine appropriate penalties to address violation of the rules and of the laws within their jurisdiction. In addition, moving the penalty schedule makes it easier for the public to find the penalties, which are now located within the same chapter as the rules that contain the substantive violations alleged in the summonses rather than in the OATH ECB schedule. Finally, the rule repeal speeds up the rulemaking process by eliminating the need for board approval of penalties that have already been established by the legislature and/or that have already undergone the City Administrative Procedure Act (CAPA) process by the enforcement agency. The public will still have the opportunity to comment on proposed penalties during that process.

 

Working with the City’s rulemaking agencies, the Law Department, the Mayor’s Office of Management and Budget, and the Mayor’s Office of Operations conducted a retrospective rules review of the City’s existing rules, identifying those rules that will be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to help support public understanding and compliance. This rule repeal was identified as meeting the criteria for this initiative.

 

 

New material is underlined.

[Deleted material is in brackets.]

 

Section 1. Section 3-115 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York is REPEALED.

 

 

Effective Date: 
Fri, 03/24/2017

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