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Adopted Rules: Closed to Comments

Adopted Rules Content: 

Mayor’s Office of Special Enforcement

NOTICE OF ADOPTION OF FINAL RULES GOVERNING UNLAWFUL ADVERTISEMENT FOR CERTAIN OCCUPANCIES

NOTICE IS HEREBY GIVEN in accordance with the requirements of section 1043 of the New York City Charter and exercising the authority vested in the Mayor’s Office of Special Enforcement (“MOSE”) by Section 1043 of the New York City Charter and chapter 396 of the Laws of 2016 (section 27-287.1 of the Administrative Code of the City of New York) MOSE adopts the following rules governing unlawful advertisement for certain occupancies.  OSE published a Notice of Opportunity to Comment on the proposed rules in the City Record on November 18, 2016.  On December 19, 2016, OSE held a public hearing on the proposed rules.


Statement of Basis and Purpose of Rule

Chapter 396 of the Laws of 2016, enacted on October 21, 2016, establishes two new provisions of law: section 212 of the New York State Multiple Dwellings Law, and section 27-287.1 of the Administrative Code of the City of New York (the City’s Building Code).  Both provisions prohibit the advertising of dwelling units in a Class A multiple dwelling, as defined in the Multiple Dwelling Law, for any purpose or use other than permanent residential occupancy. This prohibition applies to all forms of advertising, including electronic and printed materials, television, and radio.  The statute specifies that it is to be enforced in New York City by the Mayor’s Office of Special Enforcement.

The purpose of this rule is to implement chapter 396 of the Laws of 2016 by specifying the penalties for violation of the statutory prohibition. Persons found to have violated the prohibition will be fined $1,000 for the first violation, $5,000 for the second violation and $7,500 for the third and subsequent violations.  Like all violations of the City’s Building Code, notices of violation relating to the new prohibition will be returnable at the Environmental Control Board within the Office of Administrative Trials and Hearings.

The authority of the Mayor’s Office of Special Enforcement for these rules is found in section 1043 of the New York City Charter and section 27-287.1 of the New York City Administrative Code.

Effective Date: 
Mon, 01/30/2017

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, January 26, 2017
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

 

The NYC Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) proposes repealing 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 will enact a penalty schedule for violation of these laws within Title 15 of the RCNY. DEP’s penalty schedule will be 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 primary 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 enforcement agencies have the regulatory authority and expertise to adopt appropriate penalties to address violation of these laws. 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 rather than in the OATH ECB schedule. 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 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. Section 3-115 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York is REPEALED.

Subject: 

.

Location: 
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: 
Tuesday, January 24, 2017
Proposed Rules Content: 

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 agency that enforces the violations.  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) will also enact 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,” will make 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 proposed rule repeal also places the responsibility for determining penalty amounts on the DPR, which has the expertise to determine appropriate penalties based on the severity of each violation and its effect on park property and park users.

Furthermore, the proposed rule repeal will speed up the rulemaking process by removing the need for 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. 

Subject: 

.

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

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

Download Copy of Proposed Rule (.pdf): 

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 modifies its Sanitation Penalty Schedule by repealing penalties for violations of section 16-118(1) of the Administrative Code. This schedule is found in Section 3-122 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York. The proposed rule was published in the City Record on August 4, 2016, and a public hearing was held on September 6, 2016.  No one attended the public hearing and OATH ECB did not receive any written comments concerning this rule.

 

Statement of Basis and Purpose

 

Local Law 75 of 2016, which takes effect on August 12, 2016, modifies the penalty amounts for violations of section 16-118(1) of the Administrative Code.  This provision prohibits littering and spitting in public places.  Section 16-118(9) (c) of the law provides for a first offense penalty of $75, a second offense penalty of not less than $250 and not more than $350 dollars and a third offense penalty of not less than $350 and not more than $450. In addition, section 16-118(11) provides that, in the event of a default, an additional penalty will be imposed not exceeding 150 percent of the penalties stated in section 16-118(9)(c) .

Because the penalties for violation of section 16-118(1) currently contained in OATH ECB’s rules do not comply with the new law, OATH ECB amends its Sanitation Penalty Schedule to repeal penalties for violation of section 16-118(1).

 

OATH ECB’s authority for these rules is found in Chapter 4-E of Title 16 of the Administrative Code of the City of New York and Sections 1043(a) and 1049-a  of the New York City Charter.

Effective Date: 
Thu, 10/06/2016

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose

OATH ECB amends the Department of Buildings (DOB) 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, to continue to promote a zero tolerance policy for safety-related violations and to ensure that penalties for safety-related infractions serve as an effective deterrent.

The amendment to the penalty schedule adds five new infractions and amends two existing infractions:

• The five new infractions reflect penalties for the broadened range of jobs that require a Construction Superintendent’s supervision and the duties and responsibilities of a Construction Superintendent. The new infractions allow DOB to effectively enforce the new provisions found in Section 3301-02 of Chapter 3300 of Title 1 of the Rules of the City of New York (effective May 30, 2016), and assist DOB in meeting its mission of enhancing the quality of life for all New Yorkers and making New York City a safer place.

• The amendments to the two existing infractions increase penalty amounts and clarify the infraction descriptions. Failing to designate or provide a Site Safety Manager or Site Safety Coordinator results in unsafe jobsites that are ill-equipped to handle situations involving public or worker safety. In addition, site-specific safety orientation programs prepare workers to perform their jobs properly and in a safe manner, mitigating hazards related to construction work.

Effective Date: 
Sat, 10/01/2016

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose

 

Executive Order No. 18 of 2016, dated June 23, 2016, transfers to OATH all of the adjudications under the Department of Consumer Affairs (DCA) Tribunal. Beginning on August 22, 2016 or as soon thereafter as may be practicable, OATH will adjudicate all pending and future violations issued by DCA.  Because certain State laws require that final decisions of these adjudications be made by the DCA Commissioner, this proposed rule establishes that OATH hearing officer decisions on violations of those State laws will be recommended decisions only. The DCA Commissioner will make the final determination after reviewing OATH’s recommendation. Chapter 6 of Title 6 of the Rules of the City of New York contains the procedural rules that govern DCA’s determinations.

 

The proposed rule amends section 6-17 (Decisions) of OATH’s rules, contained in title 48 of the Rules of the City of New York, to set out the State laws to which this procedure applies.

 

Deleted material is in [brackets]. New text is underlined.

 

“Shall,” “will” and “must” denote mandatory requirements and may be used interchangeably in the rules of this department, unless otherwise specified or unless the context clearly indicates otherwise.

 

 

Section 1. Section 6-17 of Chapter 6 of Title 48 of the Rules of the City of New York, as amended by the Environmental Control Board at its meeting on June 30, 2016, is amended to read as follows:

 

§6-17 Decisions

 

(a) Decisions. After a hearing, the Hearing Officer who presided over the hearing will promptly write a decision sustaining or dismissing each charge in summons. The Tribunal will promptly serve the decision on all parties. Each decision will contain findings of fact and conclusions of law. Where a violation is sustained, the Hearing Officer will impose the applicable penalty, which may include a fine, penalty points, a suspension or revocation of the respondent’s license or any other penalty authorized by applicable laws, rules and regulations.

 

(b) Except as provided in subdivision (c), the decision of the Hearing Officer is the final decision unless an appeal is filed pursuant to §6-19 of this Chapter.

 

(c) Recommended Decisions.

 

(1) For all violations of Article 13-E of the New York State Public Health Law, the Hearing Officer will issue a recommended decision and order, which the Commissioner of the Department of Health and Mental Hygiene may adopt, reject or modify, in whole or in part.

 

(2) For all violations of Article 13-F of the New York State Public Health Law:

 (i) where the Department of Consumer Affairs is the petitioner, the Hearing Officer will issue a recommended decision and order, which the Commissioner of such department may adopt, reject or modify, in whole or in part.

(ii) where the Department of Health and Mental Hygiene is the petitioner, the Hearing Officer will issue a recommended decision and order, which the Commissioner of such department may adopt, reject or modify, in whole or in part.

 

(3) For all violations in which summonses are returnable to the Tribunal as authorized by the Board under §1049-aof the NewYorkCityCharter andprovisions of the NewYorkCity Administrative Code, any rules and regulations made thereunder, or provisions of New York State law, the Hearing Officer’s decision is a recommended decision to the Board. If an appeal is not filed pursuant to §6-19, theHearing Officer's recommendeddecisionwillbeautomaticallyadoptedbytheBoardandwillconstitutetheBoard'sfinaldecisioninthematter. The Board’s final decision is also the final decision of the Tribunal.

 

(4) For all violations of Section 194 of Article 11 of the New York State General Business Law, Article 5 of the New York State General Business Law, and Sections 192, 192-a, 192-b, and 192-c of Article 16 of the New York State Agriculture and Markets Law, and of any rules and regulations promulgated thereto, the Hearing Officer will issue a recommended decision and order, which the Commissioner of the Department of Consumer Affairs may adopt, reject or modify, in whole or in part.

 

(d) The Tribunal may, due to Tribunal needs or the unavailability of the Hearing Officer who heard the case, designate another Hearing Officer to write the recommended decision. The decision will state the reason for the designation and will be based on the record, which includes (i) the summons, (ii) all briefs filed and all exhibits received in evidence, and (iii) a complete audio recording of the hearing or, if a complete audio recording is unavailable for any reason, a complete transcript of the hearing.

 

 

Effective Date: 
Mon, 08/22/2016

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, September 6, 2016
Proposed Rules Content: 

 

Statement of Basis and Purpose 

Local Law 75 of 2016, which takes effect on August 12, 2016, modifies the penalty amounts for violations of section 16-118(1) of the Administrative Code.  This provision prohibits littering and spitting in public places.  Section 16-118(9) (c) of the law provides for a first offense penalty of $75, a second offense penalty of not less than $250 and not more than $350 dollars and a third offense penalty of not less than $350 and not more than $450. In addition, section 16-118(11) provides that, in the event of a default, an additional penalty will be imposed not exceeding 150 percent of the penalties stated in section 16-118(9)(c), .

Because the penalties for violation of section 16-118(1) currently contained in ECB’s rules do not comply with the new law, ECB is proposing to amend its Sanitation Penalty Schedule to repeal penalties for violation of section 16-118(1).

ECB’s authority for these rules is found in Chapter 4-E of Title 16 of the Administrative Code of the City of New York and Sections 1043(a) and 1049-a  of the New York City Charter.

New material is underlined.

[Deleted material is in brackets.]

 

Section 1. The Environmental Control Board proposes to amend its Department of 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 by repealing the following entries:

 

Section/Rule

Description

Offense

Penalty

Default

[16 -118(1)**

Littering

1st

$100

$450]

[16 -118(1)**

Littering

2nd

$250

$450]

[16 -118(1)**

Littering

3rd

$350

$450]

[16 -118(1)**

Sweep Out

1st

$100

$450]

[16 -118(1)**

Sweep Out

2nd

$250

$450]

[16 -118(1)**

Sweep Out

3rd

$350

$450]

[16 -118(1)**

Throw Out

1st

$100

$450]

[16 -118(1)**

Throw Out

2nd

$250

$450]

[16 -118(1)**

Throw Out

3rd

$350

$450]


Subject: 

OATH ECB Repeal of Certain Provisions of the Sanitation Penalty Schedule.

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

Elizabeth Nolan, (212) 436-0708

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, August 9, 2016
Proposed Rules Content: 

 

Statement of Basis and Purpose

Executive Order No. 18 of 2016, dated June 23, 2016, transfers to OATH all of the adjudications under the Department of Consumer Affairs (DCA) Tribunal. Beginning on August 22, 2016 or as soon thereafter as may be practicable, OATH will adjudicate all pending and future violations issued by DCA.  Because certain State laws require that final decisions of these adjudications be made by the DCA Commissioner, this proposed rule establishes that OATH hearing officer decisions on violations of those State laws will be recommended decisions only. The DCA Commissioner will make the final determination after reviewing OATH’s recommendation. Chapter 6 of Title 6 of the Rules of the City of New York contains the procedural rules that govern DCA’s determinations.

The proposed rule amends section 6-17 (Decisions) of OATH’s rules, contained in title 48 of the Rules of the City of New York, to set out the State laws to which this procedure applies.

Subject: 

OATH Amendment to Chapter 6 of Title 48 of RCNY.

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

Elizabeth Nolan, 66 John Street, 10th Floor, New York, NY 10038, (212) 436-0708.

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, August 9, 2016
Proposed Rules Content: 

 

Statement of Basis and Purpose 

OATH ECB is proposing an amendment to the Department of Buildings (DOB) 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, to continue to promote a zero tolerance policy for safety-related violations and to ensure that penalties for safety-related infractions serve as an effective deterrent.

The proposed amendment to the penalty schedule will add five new infractions and amend two existing infractions:

  • The proposed five new infractions reflect penalties for the broadened range of jobs that require a Construction Superintendent’s supervision and the duties and responsibilities of a Construction Superintendent. The proposed new infractions will allow DOB to effectively enforce the new provisions found in Section 3301-02 of Chapter 3300 of Title 1 of the Rules of the City of New York (effective May 30, 2016), and assist DOB in meeting its mission of enhancing the quality of life for all New Yorkers and making New York City a safer place.
  • The amendments to the two existing infractions increase penalty amounts and clarify the infraction descriptions. Failing to designate or provide a Site Safety Manager or Site Safety Coordinator results in unsafe jobsites that are ill-equipped to handle situations involving public or worker safety. In addition, site-specific safety orientation programs prepare workers to perform their jobs properly and in a safe manner, mitigating hazards related to construction work.
Subject: 

OATH ECB Amendment of Buildings Penalty Schedule

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

Elizabeth Nolan, 66 John Street, 10th Floor, New York, NY 10038, (212) 436-0708

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 amends 48 RCNY §3-100 of its rules of procedure and repeals its Air Code Penalty Schedule in Section 3-102 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York. The proposed rule amendments and repeal were published in The City Record on April 15, 2016, and a public hearing was held on May 16, 2016. 

 

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

 

Statement of Basis and Purpose

 

The Office of Administrative Trials and Hearings’ 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 amending 48 RCNY §3-100, which instructs Hearing Officers to impose penalties set forth in OATH ECB’s rules, to instruct Hearing Officers to impose penalties set forth in the current or future rules of enforcement agencies.

 

In addition, OATH ECB is repealing its Air Code Penalty Schedule.  This schedule is found in 48 RCNY §3-102, and contains penalties for summonses issued by the New York City Department of Environmental Protection (DEP) for violations of the Air Code. At the same time, DEP will also enact a penalty schedule within its own rules at 15 RCNY Chapter 43. In the future, OATH ECB will repeal all penalty schedules in its rules at Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY) so that they, like the Air Code Penalty Schedule, 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 to recommend appropriate penalties 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 gone through the City Administrative Procedure Act (“CAPA”) rulemaking process.  The public will still have the opportunity to comment on proposed penalties during this process.

 

 

[Deleted material is in brackets.]

New material is underlined.

 

“Shall” and “must” denote mandatory requirements and may be used interchangeably in the rules of this department, unless otherwise specified or unless the context clearly indicates otherwise


Section 1. Section 3-100 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York is amended to read as follows:

 

Whenever a respondent is found in violation of any [of the following provisions] provision of the New York City Administrative Code, Rules of the City of New York, New York City Health Code, New York State Public Health Law, New York Codes, Rules and Regulations, New York City Zoning Resolution, New York State Vehicle and Traffic Law, or New York State Environmental Conservation Law, and the summons (as defined in §6-01 of this Title) for such violation is returnable to the Environmental Control Board, any civil [penalties] penalty recommended by a Hearing Officer pursuant to §3-57(a) [and/or], any default [penalties] penalty imposed pursuant to §3-81(a) and in accordance with §1049-a(d)(1)(d) of the Charter, and[/or] any civil [penalties] penalty imposed for admissions of violation(s) pursuant to §3-32 or late admissions pursuant to §3-81(b) will be imposed pursuant to the [penalty schedules] Penalty Schedules set forth below. If no Penalty Schedule is contained in these rules, any such civil penalty and default penalty will be imposed pursuant to the Penalty Schedule contained in the rules of the agency with primary jurisdiction to enforce the provisions of law related to the violation alleged in the summons.

 

Please note that some of the penalties in the Penalty Schedules set forth below are established by law as flat penalties. Thus, for some of the penalties set forth below, no range of dollar amounts is set forth in the Administrative Code or other applicable law. However, solely for the convenience of the public, these flat penalties are included in the Penalty Schedules set forth below, to ensure, to the extent possible, that these Penalty Schedules are comprehensive.

§ 2. The Air Code Penalty Schedule, found in Section 3-102 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York, is REPEALED, effective May 6, 2016.

Effective Date: 
Fri, 07/08/2016

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