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Adopted Rules: Closed to Comments

Adopted Rules Content: 

City of New York

Office of Administrative Trials and Hearings

Environmental Control Board

Notice of Promulgation of Rule

NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED in the Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) in accordance with Sections 1049-a and 1043 of the New York City Charter. Effective June 1, 2019, OATH ECB repeals its Sewer Control Penalty Schedule rule, found in Section 3-123 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 August 31, 2018, and a public hearing was held on October 3, 2018. 

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 of Final Rule

The Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) repeals its Sewer Control Penalty Schedule rule. This schedule is found in Section 3-123 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY). The Sewer Control Penalty Schedule contains penalties for summonses issued by the Department of Environmental Protection (DEP) for violations of Chapter 5 of Title 24 of the Administrative Code of the City of New York and Chapter 19 of Title 15 of the RCNY. This penalty schedule provides penalties for violations relating to the construction and regulation of public sewers, including unauthorized discharge into public sewers. DEP is promulgating a related rule adding a similar Sewer Control Penalty Schedule to its rules with an effective date of June 1, 2019.

The context for this repeal is that OATH ECB is in the process of repealing all penalty schedules in its rules codified at Subchapter G of Chapter 3 of Title 48 of the RCNY so that they can be incorporated into the rules of the agencies having rulemaking and policymaking authority over the laws underlying the violations. Such repeals will also serve OATH’s core function of adjudication and help alleviate the false public perception that OATH is an enforcement agency, rather than a neutral tribunal.

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 to the enforcement agency’s rules 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 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 could 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.

Section 1. The Sewer Control Penalty Schedule rule, found in Section 3-123 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York, is REPEALED effective June 1, 2019.

 

Effective Date: 
Sat, 06/01/2019

Proposed Rules: Open to Comments

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Agency:
Comment By: 
Tuesday, April 23, 2019
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 to amend Chapter 7 of Title 48 of the Rules of the City of New York, concerning the community service program established by OATH pursuant to subdivision 4 of Section 1049 of the New York City Charter. 

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. to 11:00 a.m. on April 23, 2019. The hearing will be held 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, Senior Counsel, 100 Church Street, 12th Floor, New York, NY 10007.

 

  •          Fax. You can fax written comments to OATH, Attention: Simone Salloum, Senior Counsel, at 646-500-5742.

 

  •          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 23, 2019. 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 April 23, 2019.

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 100 Church Street, 12th Floor, New York, NY 10007. You may also tell us by telephone at 212-436-0708. You must tell us by April 16, 2019.

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? Section1049(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 amendments to section 7-01, subdivisions (a) and (b) of section 7-02, section 7-03, and section 7-05 of Chapter 7 of Title 48 of the Rules of the City of New York, concerning OATH’s community service program established by section 1049(4) of the New York City Charter (City Charter).  In addition, OATH proposes to renumber sections 7-06 and 7-07 as sections 7-07 and 7-08, respectively, and add a new section 7-06 to such Chapter.  

OATH began offering community service to eligible respondents in June 2017 as part of the Criminal Justice Reform Act (Local Law 73 for the year 2016).  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 City 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 of the City of New York and certain violations of rules of the Department of Parks and Recreation (DPR). A respondent is eligible to complete community service if they have either admitted to a specified violation before a hearing or if a specified violation was sustained against them after a hearing. A table of specified violations can be found in § 7-02 below. 

Currently, respondents may only complete community service in-person, including a one-hour e-learning (learning which is conducted on a computer) course administered at an OATH Hearings Division location. Commencing in the summer of 2019, respondents will have the option to fulfill a one- or two-hour community service requirement by completing an online Community Service course from any computer. The proposed amendments describe the procedures by which respondents may now complete community service either before or after a hearing, including the process by which respondents can admit to a Specified Violation by completing the online Community Service course, on or before the hearing date.

The proposed amendments to section 7-01 remove the definition of “community service provider” since OATH is now managing the community service program. The proposed amendments to section 7-02 clarify that a respondent may now admit to a specified violation before the hearing date without appearing before a hearing officer.

The proposed amendments also relocate the provisions that govern community service extensions from subdivisions (c) and (d) of section 7-05 to a new section 7-06, and clarify that extensions do not apply to respondents who wish to admit to the Specified Violation by completing the online Community Service course. Due to the creation of a new section 7-06, former sections 7-06 and 7-07 are renumbered.

Subject: 

.

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

OATH Rules - 212-436-0708

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

City of New York

Office of Administrative Trials and Hearings

Notice of Promulgation of Rule

NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED in the Office of Administrative Trials and Hearings (OATH) in accordance with Sections 1049 and 1043 of the New York City Charter that OATH amends sections 3-15 and 3-16 of subchapter A of chapter 3 of title 48 of the Rules of the City of New York, concerning the appellate procedures that apply to proceedings conducted by OATH pursuant to § 1049-a of the New York City Charter. The proposed rule was published in The City Record on January 22, 2019, and a public hearing was held on February 21, 2019. 

No one testified at the public hearing concerning this rule and OATH did not receive any written comments. OATH made no additional amendments to the rule.

Statement of Basis and Purpose of Final Rule

The Office of Administrative Trials and Hearings (OATH) amends sections 3-15 and 3-16 of subchapter A of chapter 3 of title 48 of the Rules of the City of New York, concerning the appellate procedures that apply to proceedings conducted by OATH pursuant to § 1049-a of the New York City Charter. The amendments to subdivision a of section 3-15 clarify that, unless a request for a superseding appeal is timely filed, appeals decisions issued by OATH’s Environmental Control Board are final determinations of the Tribunal subject to judicial review pursuant to Article 78 of the Civil Practice Law and Rules (CPLR).  The amendments to subdivision b of section 3-15 explain that: (1) a request for a superseding appeal must be served upon the non-requesting party; (2) a decision denying a request for a superseding appeal incorporates by reference the initial appeals decision while a decision granting a request for a superseding appeal vacates the initial appeals decision; and (3) a superseding appeals decision granting or denying a request for a superseding appeal is the final determination of the Tribunal subject to judicial review pursuant to Article 78 of the CPLR.

The amendments to the title of section 3-16 clarify that this section provides the procedure for seeking judicial review when the board has either not issued an appeals decision after 180 days from the filing of an appeal, or has not issued a superseding appeals decision after 180 days from requesting a superseding appeal.  These amendments also provide a more organized explanation of the conditions necessary to rely upon the recommended decision as a final determination. 

New material is underlined.

[Deleted material is in brackets.]

Section 1. Sections 3-15 and 3-16 of chapter 3 of title 48 of the Rules of the City of New York are amended to read as follows:

§ 3-15 Panel or Board Review of Appeals.

(a) The Board will establish panels from among its members to review recommended decisions [issued] prepared by the Appeals Unit pursuant to § 6-19(e), and to issue appeals decisions. A panel may refer a case to the Board for review if the panel is unable to reach a decision. Such case will be considered by the Board and the Board will issue [a] anappeals decision.  Unless a party files a request pursuant to subdivision (b) of this section, the appeals decision of the panel or the Board will be deemed to have been issued by, and become the final [decision] determination of[,] the Board, which is also a final determination of the Tribunal. [The Board’s final decision is also the final decision of the Tribunal] Judicial review of such determination may be sought pursuant to Article 78 of the New York Civil Practice Law and Rules (CPLR).

(b) Superseding appeals decisions. Within 10 days of the mailing of the Board’s appeals decision, a party may apply to the Board for a superseding appeals decision to correct ministerial errors or errors due to mistake of fact or law. The request for a superseding appeals decision must be served upon the non-requesting party. A decision denying a request for a superseding appeal incorporates by reference the initial appeals decision. A decision granting a request for a superseding appeal vacates the initial appeals decision. This superseding appeals decision will become the final [decision] determination of the Board, which is also the final determination of the Tribunal. [The Board’s final decision is also the final decision of the Tribunal] Judicial review of such determination may be sought pursuant to Article 78 of the CPLR 

§ 3-16 Judicial Review [of] When Board Decision[s]is Delayed.

(a) If [a Respondent appeals and] the Board has not issued [a final] an appeals decision within 180 days from the filing of the appeal, or if the Board has not issued a superseding appeals decision within 180 days from the request for superseding appeal, the Respondent may at any time file a petition seeking judicial review of the Hearing Officer’s recommended decision pursuant to Article 78 of the New York Civil Practice Law and Rules (CPLR).  Such Respondent may rely on the recommended decision of the Hearing Officer as the final [decision] determination of the Board, provided that the following three conditions are met: 

(1) at least forty-five days before the filing of such petition, the Respondent files with the Board written notice of the Respondent’s intention to file the Article 78 petition;

(2) [the Board has still not issued a final decision when the Respondent files the petition] the Respondent serves and files the Article 78 petition on the Board pursuant to the CPLR; and

 (3) [the Respondent serves the petition on the Board pursuant to the CPLR] the Board has not issued an appeals decision or, if applicable, a superseding appeals decision at the time of filing the petition.

(b) The Board may issue a final [decision] determination after a Respondent files with the Board written notice of intention to file a petition for judicial review under subdivision (a) and before the Respondent has filed the petition.

Effective Date: 
Thu, 03/07/2019

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 Community Right-To-Know Penalty Schedule rule, found in Section 3-104 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 August 31, 2018, and a public hearing was held on October 3, 2018. 

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 of Final Rule

The Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) repeals its Community Right-To-Know Penalty Schedule rule. This schedule is found in § 3-104 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY), and it contains penalties for violations of the Community Right-To-Know Law, codified in Chapter 7 of Title 24 of the Administrative Code of the City of New York. This penalty schedule provides the penalties for violations relating to the siting and storage of hazardous substances stored in portable containers. The Department of Environmental Protection (DEP) is promulgating a related rule adding a similar Community Right-To-Know Penalty Schedule to Chapter 41 of Title 15 of the RCNY, including one new violation of 15 RCNY § 41-14.

The context for this repeal is that OATH ECB is in the process of repealing all penalty schedules in its rules codified at Subchapter G of Chapter 3 of Title 48 of the RCNY so that they can be incorporated into the rules of the agencies having rulemaking and policymaking authority over the laws underlying the violations. Such repeals will also serve OATH’s core function of adjudication and help alleviate the false public perception that OATH is an enforcement agency, rather than a neutral tribunal.

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 to the enforcement agency’s rules 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 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 could 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.

Section 1. The Community Right-To-Know Penalty Schedule rule, found in Section 3-104 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York, is REPEALED.

 

 

 

 

 

Effective Date: 
Wed, 03/06/2019

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, February 21, 2019
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 to amend sections 3-15 and 3-16 of subchapter A of chapter 3 of title 48 of the rules of the city of New York, concerning the appellate procedures that apply to proceedings conducted by OATH pursuant to § 1049-a of the New York City Charter.  

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 11:00 a.m. on February 21, 2019. The hearing will be in the OATH Conference Room located at 66 John Street, 10th Floor, New York, NY 10038.

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

  • Website.  You can submit comments to OATH through the NYC rules website at http://rules.cityofnewyork.us/.
  • Email.  You can email written comments to Rules_Oath@oath.nyc.gov.
  • Mail.  You can mail written comments to OATH, Attention: Simone Salloum, Senior Counsel, 100 Church Street, 12th Floor, New York, NY 10007.
  • Fax. You can fax written comments to OATH, Attention: Simone Salloum, Senior Counsel, at 646-500-5742.
  • 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 OATH at 212-436-0708, or you can also sign up in the hearing room before the hearing begins on February 21, 2019. 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 February 21, 2019.

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 100 Church Street, 12th Floor, New York, NY 10007. You may also tell us by telephone at 212-436-0708. Advance notice is requested to allow sufficient time to arrange the accommodation. Please tell us by February 14, 2019.

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

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? Section1049-a 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 laws 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-a of the City Charter.

Statement of Basis and Purpose of Proposed Rule

The Office of Administrative Trials and Hearings (OATH) proposes to amend sections 3-15 and 3-16 of subchapter A of chapter 3 of title 48 of the Rules of the City of New York, concerning the appellate procedures that apply to proceedings conducted by OATH pursuant to § 1049-a of the New York City Charter. The amendments to subdivision a of section 3-15 clarify that, unless a request for a superseding appeal is timely filed, appeals decisions issued by OATH’s Environmental Control Board are final determinations of the Tribunal subject to judicial review pursuant to Article 78 of the Civil Practice Law and Rules (CPLR).  The amendments to subdivision b of section 3-15 explain that: (1) a request for a superseding appeal must be served upon the non-requesting party; (2) a decision denying a request for a superseding appeal incorporates by reference the initial appeals decision while a decision granting a request for a superseding appeal vacates the initial appeals decision; and (3) a superseding appeals decision granting or denying a request for a superseding appeal is the final determination of the Tribunal subject to judicial review pursuant to Article 78 of the CPLR.

The amendments to the title of section 3-16 clarify that this section provides the procedure for seeking judicial review when the board has either not issued an appeals decision after 180 days from the filing of an appeal, or has not issued a superseding appeals decision after 180 days from requesting a superseding appeal.  These amendments also provide a more organized explanation of the conditions necessary to rely upon the recommended decision as a final determination. 

This proposal was included in OATH’s FY 2018 and 2019 Regulatory Agendas.

Subject: 

.

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

OATH Rules, 212-436-0708

Adopted Rules: Closed to Comments

Adopted Rules Content: 

City of New York

Office of Administrative Trials and Hearings

Notice of Promulgation of Rule

NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED in the Office of Administrative Trials and Hearings (OATH) pursuant to New York City Charter section 1049(4)(g) that OATH amends the table in subsection (a) of section 7-02 of chapter 7 of title 48 of the Rules of the City of New York, to reflect the new monetary penalties set forth in section 16-118(9) of the Administrative Code of the City of New York for second and third violations of littering, sweep-out, throw-out, and spitting, as amended by Local Law 131 of 2018, and to correct an error in a rule citation. 

The proposed rule was published in The City Record on November 1, 2018. OATH did not hold a public hearing on the proposed rule pursuant to New York City Charter section 1043(e)(iii) on the grounds that a public hearing would serve no public purpose. OATH has no discretion over the new monetary penalties set forth in Administrative Code section 16-118(9), which are replicated in this rule. OATH did not receive any written comments.

Statement of Basis and Purpose of Final Rule

The Office of Administrative Trials and Hearings (OATH) amends the table in subsection (a) of section 7-02 of chapter 7 of title 48 of the Rules of the City of New York (RCNY) to reflect the new monetary penalties set forth in section 16-118(9) of the Administrative Code of the City of New York (Administrative Code) for second and third violations of Administrative Code section 16-118(1) (littering, sweep-out, throw-out, and spitting), as amended by Local Law 131 of 2018.

Section 7-02(a) includes a table of violations eligible for community service, the monetary civil penalty, and the corresponding community service hour requirement. Effective November 26, 2018, Local Law 131 of 2018 amends section 16-118(9) to remove the penalty ranges for second and third violations of section 16-118(1) and sets a fixed penalty of $300 for a second violation, and $400 for a third violation of that provision. This amendment reflects the increase in these penalties.   

The amendments also correct an error in the citation to 56 RCNY section 1-04(i), related to unleashed/uncontrolled animals in the park. 

Pursuant to city charter section 1043(d)(4)(ii), this rule is exempt from the certification requirements of section 1043(d).

New material is underlined.

[Deleted material is in brackets.]

Section 1.  The following rows in the table in subsection (a) of section 7-02 of chapter 7 of title 48 of the Rules of the City of New York are amended to read as follows:

Citation in Summons

Description in Summons

Citation Monetary Penalty

Community Service Hour Requirement

Admin. Code § 16-118(1)(a), (b)

Littering, Sweep-out, throw-out, spitting

1st - $75

2nd - $[250] 300

3rd - $[350] 400

1st - 1

2nd - 2

3rd - 3

 

 

 

 

56 RCNY § 1-04( [1]i)

Unleashed/uncontrolled animals in park

$100

1

 

 

 

 

56 RCNY § 1-04([1] i)

Unleashed/uncontrolled animals in park – second or subsequent violation within one year

$250

2

 

 

Effective Date: 
Sun, 02/17/2019

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 Landmarks Preservation Penalty Schedule in Section 3-114 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 February 1, 2018, and a public hearing was held on March 28, 2018. 

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 of Rule

The Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) repeals its Landmarks Preservation Penalty Schedule rule.  This schedule is found in § 3-114 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY), and it contains penalties for violations of provisions in Title 25 of the Administrative Code of the City of New York. At the same time, the Landmarks Preservation Commission adopts a comprehensive set of revisions to its own rules, which includes the addition of a penalty schedule, located in an Appendix A of Chapter 11 of Title 63 of the RCNY.

The context for this repeal is that OATH ECB is in the process of repealing all penalty schedules in its rules codified at Subchapter G of Chapter 3 of Title 48 of the RCNY so that they can be incorporated into the rules of the agencies having 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 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 could 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.

Effective Date: 
Sat, 01/19/2019

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 Air Asbestos Penalty Schedule rule in Section 3-101 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 July 6, 2018, and a public hearing was held on August 7, 2018. 

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 of Final Rule

 

The Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) repeals its Air Asbestos Penalty Schedule rule.  This schedule is found in § 3-101 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY), and it contains penalties for violations of provisions in Chapter 1 of Title 15 of the RCNY, Title 24 of the Administrative Code of the City of New York, and Part 56 of Title 12 of the New York Codes, Rules and Regulations. At the same time, the Department of Environmental Protection adopts a rule, adding a similar penalty schedule in Chapter 51 of Title 15 of the Rules of the City of New York.

 

The context for this repeal is that OATH ECB is in the process of repealing all penalty schedules in its rules codified at Subchapter G of Chapter 3 of Title 48 of the RCNY so that they can be incorporated into the rules of the agencies having 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 rule repeal will speed 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 could 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.

 

 

Section 1. The Air Asbestos Penalty Schedule rule, found in Section 3-101 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York, is REPEALED.

 

Effective Date: 
Sun, 01/06/2019

Adopted Rules: Closed to Comments

Adopted Rules Content: 

City of New York

Office of Administrative Trials and Hearings

 

Notice of Promulgation of Rule

 

NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED in the Office of Administrative Trials and Hearings (OATH) in accordance with Sections 1049 and 1043 of the New York City Charter that OATH amends sections 6-09 and 6-24 of subchapter F of chapter 6 of title 48 of the rules of the City of New York, concerning appearances. The proposed rule was published in The City Record on August 27, 2018, and a public hearing was held on September 26, 2018. 

No one testified at the public hearing concerning this rule.  OATH received one written comment from Jack Jaffa & Associates concerning the requirement that attorneys and registered representatives must email OATH no later than noon two business days before a scheduled hearing date, a written list of scheduled cases if a representative plans to appear on fifteen or more summonses on a given hearing date. They stated that this requirement is a detriment as OATH does not allow the addition of cases to the list once it has been submitted to OATH.

The amendments to section 6-24 do not substantively change the requirement to appear on fifteen or more summonses on a given hearing date, which was originally promulgated so that the OATH Hearings Division could effectively manage the large volume of hearings scheduled for adjudication each day. Each OATH Hearings Division location manages hundreds of hearings a day, requiring procedures and systems to efficiently advance the hearing calendar. By notifying OATH in advance that one registered representative or attorney will appear on fifteen or more summonses, the Tribunal can then determine how to best allocate its resources to expedite hearings and reduce wait time for both self-represented and represented respondents. The two-day advance notice requirement is necessary for OATH to manage its day-to-day operations.

 

Upon further review, OATH revised section 6-09(b)(1) so that a respondent may timely appear within three hours of the scheduled hearing time instead of within two hours of the scheduled hearing time. Recognizing that many respondents at OATH are self-represented, this amendment gives respondents an additional hour to timely appear for a hearing and avoid a default decision that imposes higher penalties. OATH also revised sections 6-09(b)(1) and 6-24(a)(2) to clarify that this three hour allowance does not apply to registered representatives or attorneys who are appearing on fifteen or more summonses on a given hearing date. OATH also included in section 6-24(a) the requirement that Notices of Appearance be submitted in advance of the hearing as directed by the Tribunal, which comports with OATH’s current process.

 

Statement of Basis and Purpose of Final Rule

 

The Office of Administrative Trials and Hearings (OATH) amends section 6-09 of subchapter C and section 6-24 of subchapter F of chapter 6 of title 48 of the rules of the City of New York, concerning appearances.

 

The amendments to section 6-09 reorder the subdivisions and clarify the rules about appearing before the Tribunal, as follows:

 

·         Subdivisions (a) and (b) set out who may appear on behalf of a respondent and how a respondent or representative may appear.

·         Subdivision (c) explains that if a respondent does not wish to contest the summons, they can pay the penalty before the hearing, which is considered an appearance and admission.

·         Subdivision (d) provides the framework for when a current owner of a property may appear on behalf of a prior owner.

·         Subdivision (e) provides that the failure of a respondent to timely appear constitutes a default.

·         Subdivision (f) references the requirements in § 6-24 for registered representatives who wish to appear on 15 or more summonses on a given hearing date, and provides that failure to comply with § 6-24 will constitute a default. 

·         Subdivisions (g) and (h) set out how Petitioner may timely appear, and provide that the hearing may proceed without Petitioner.

 

The amendments to section 6-09 are intended to expedite hearings and improve the overall efficiency of the Tribunal.  These amendments set timeframes for Respondent and Petitioner’s appearance to be considered timely. Section 6-09(b)(1) adds the condition that a respondent’s appearance is timely if the respondent appears at the scheduled hearing location within three hours of the scheduled time. Section 6-09(g) adds the condition that, if the Petitioner elects to appear at the Tribunal, Petitioner’s appearance is timely if Petitioner is ready to proceed within 30 minutes of the timely appearance of the respondent.

 

The amendments to section 6-09 also no longer permit a person to move for discretionary intervention, which, if granted, would have allowed an intervenor to participate in a hearing, as a witness but not as a party, at the discretion of the hearing officer. Discretionary intervention was rarely sought and did not grant the intervenor the status of a party to the proceeding.

 

The amendments to section 6-24 clarify the requirements for an attorney or registered representative to appear on 15 or more summonses on a given hearing date.

 

 

Effective Date: 
Fri, 01/04/2019

Adopted Rules: Closed to Comments

Adopted Rules Content: 

City of New York

Office of Administrative Trials and Hearings

 

Notice of Promulgation of Rule

 

NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED in the Office of Administrative Trials and Hearings (OATH) in accordance with Sections 1049 and 1043 of the New York City Charter that OATH amends sections 6-14 and 6-15 of subchapter C of chapter 6 of title 48 of the rules of the City of New York, concerning adjournments. The proposed rule was published in The City Record on August 27, 2018, and a public hearing was held on September 26, 2018. 

 

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

 

Statement of Basis and Purpose of Final Rule

 

OATH amends sections 6-14 and 6-15 of subchapter C of chapter 6 of title 48 of the rules of the City of New York, concerning adjournments. Former section 6-14 addressed both general requests for adjournment and requests for adjournment specifically for inspector testimony.  OATH amends sections 6-14 and 6-15 to address separately general requests for adjournment in section 6-14 and requests for adjournment for inspector testimony in section 6-15. 

 

Section 6-14 contains minimal amendments to the rules concerning general requests for adjournment, removing unnecessary language and clarifying that a hearing officer should consider whether a party had a reasonable opportunity to prepare for a hearing, instead of simply an opportunity to prepare.

 

Section 6-15 contains amended versions of the rules formerly in section 6-14(a), (b), and (c) that set forth the limitations to granting an adjournment request for inspector testimony, consistent with the limitations set forth in New York city charter section 1049-a(b-1)(3).

Effective Date: 
Fri, 01/04/2019

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