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Proposed Rules: Open to Comments

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Agency:
Comment By: 
Wednesday, September 5, 2018
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

DEP is adopting a new rule, to be found at Chapter 51 of Title 15 of the Rules of the City of New York (RCNY), to establish penalties for violations of Title 15, Chapter 1 of the Rules of the City of New York, also known as the Asbestos Control Program Rules (ACP Rules). The proposed rules are authorized by section 1043 of the Charter of the City of New York and sections 24-136 and 24-178 of the Administrative Code.
DEP is making a number of changes to the existing ACP Rules which require changes to the existing Air Asbestos Penalty Schedule. These changes include the addition of penalties for several new sections of the ACP Rules (sections 1-26(b)(4), 1-26(h), 1-26(i), 1-28(f), 1-29(d), 1-38, 1-109(c), and 1-109(d)).
The current Air Asbestos Penalty Schedule, which is located in the rules of the Office of Administrative Trials and Hearings (OATH) at 48 RCNY § 3-101, will be repealed by OATH on the same day that this proposed rule takes effect.
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 violations 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 DEP’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 proposed rule relocation 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. The proposed repeal of 48 RCNY §3-101 was identified as meeting the criteria for this initiative.
The rule makes no substantive changes to the subject matter that precedes the schedule as set forth in Section 51-02.
DEP’s authority for these rules is found in sections of the New York City Charter section 1043 and Section 24-136 and 24-178 of the New York City Administrative Code.

Subject: 

PROMULGATION OF AIR ASBESTOS PENALTY SCHEDULE

Location: 
DEP 8th floor Conference Room
59-17 Junction Boulevard 8th Floor Conference Room
Flushing, NY 11373
Contact: 

No contact

Proposed Rules: Open to Comments

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Agency:
Comment By: 
Wednesday, August 22, 2018
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

DEP is proposing a rule to amend Chapter 47 of Title 15 of the Rules of the City of New York (RCNY), to establish new penalties for violations of Title 24, Chapter 2 of the New York City Administrative Code, also known as the Noise Control Code (Noise Code), as amended by Local Law 53 of 2018 (LL 53). The proposed rule is authorized by section 1043 of the Charter of the City of New York and sections 24-204 and 24-257 of the Noise Code, and is exempt from review under section 1043(d) of the Charter pursuant to section 1043(d)(4)(iii).

LL 53, which takes effect on July 16, 2018, amends subdivision (d) of section 24-223 of the Noise Code to set enforceable decibel limitations from construction noise. Prior to the enactment of LL 53, violations were not authorized for exceedances of a decibel level unless the responsible party failed to confer with the Department concerning mitigation measures that can be used to reduce noise. In addition, LL 53 authorizes the Department to issue a stop work order if the Department finds that work is being performed in violation of sections 24-223 or 24-228 of the Noise Code, or any rules promulgated thereunder.

Subject: 

AMENDMENT OF NOISE CODE PENALTY SCHEDULE.

Location: 
DEP 11th Floor Conference Room
59-17 Junction Boulevard 11th Floor Conference
Flushing, NY 11373
Contact: 

No contact

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, July 24, 2018
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule

            Penalties for violations of BIC’s rules that relate to public wholesale markets, the seafood distribution areas, market businesses, labor unions, and labor organizations operating in seafood distribution areas in New York City are currently set forth in OATH’s rules at 48 RCNY § 3-108.  OATH, in conjunction with the Mayor’s Office of Operations, has determined that penalty schedules used in the adjudication of agency rule violations, which were previously promulgated by the Environmental Control Board, should instead be issued by the respective agencies.  The enforcement agencies possess the expertise to adopt appropriate penalties based on the severity of each violation and its impact on public safety.  BIC proposes to incorporate the current Market Penalty Schedule into its own rules.  Simultaneously, under a separate rulemaking, OATH is proposing a companion rule to repeal the BIC penalties currently set forth within the OATH rules.

            Incorporating the penalty schedule into BIC’s rules would make it more accessible to the public, as it will then be included within the same title and chapter as the rules cited in BIC’s summonses.  BIC is also proposing to add penalties to the existing penalty schedule that do not currently appear in the current Market Penalty Schedule.  Finally, this proposed rule would clarify the Commission’s current rules by explaining the penalty schedule and the existence of mail-in penalties.

The proposed amendments would accomplish the following:

Distribute several provisions of the penalty schedule, now found within 48 RCNY § 3-  108, among various sections of Title 17;

● Add text to explain repeat penalties;

● Add text to explain the “mail-in penalties” process;

● Add text specifically enumerating the penalties for failure to register a wholesale seafood business that is operating outside the market area;

● Adjust penalty amounts for several violations; and

● Add penalties to the schedule for violations of 17 RCNY §§ 11-19(a)(3)-(9), (11)-(14), including penalties for:

 

§  Improper disposal of litter, rubbish, or refuse;

§  Public urination and/or defecation,

§  Improper damage, removal, or destruction of property,

§  Engagement/instigation of fight or other disturbance,

§  Commission of injurious act, 

§  Possession of dangerous instruments and/or explosives,

§  Gambling 

§  Sale of prohibited items, 

§  Discharge into tidal water, sewage, or drainage, 

§  Causing damage to or clogging of drains or sewers, and 

§  Disobeyance of lawful order of employee of Commission or City

 

Subject: 

.

Location: 
Business Integrity Commission
100 Church Street 20th Floor, Conference Room 1
New York, NY 10007
Contact: 

Sal Arrona: sarrona@bic.nyc.gov

Adopted Rules: Closed to Comments

Adopted Rules Content: 

The Commissioner of DOT is authorized to promulgate rules regarding parking and traffic operations and highway operations in the City pursuant to Sections 1043 and 2903 of the New York City Charter. The rule that DOT is adding is contained within new Chapter 3 of Title 34 of the Rules of the City of New York relating to DOT’s Penalty Schedule.

The purpose of this rule is to:
• relocate the Department of Transportation (DOT) Penalty Schedule from the Office of Administrative Trials and Hearings Environmental Control Board (OATH/ECB) rules in Chapter 3 of Title 48 of the Rules of the City of New York to DOT’s rules in Title 34 of the Rules of the City of New York;
• update the schedule as needed to reflect recently adopted rules and changes to the law; and
• provide clearer, more concise language including by replacing abbreviations ‘w/o’ and ‘s/w’ with ‘without’ and ‘sidewalk’, respectively.

Although OATH/ECB is empowered to impose penalties under the New York City Charter and has until now promulgated penalty schedules, enforcement agencies like DOT 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 title as the rules supporting the violations alleged in the summonses. Finally, the rule relocation 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.

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 to simplify and update content to help support public understanding and compliance. The repeal and relocation of 48 RCNY § 3-124, the current rule containing OATH/ECB’s DOT penalty schedule, was identified as meeting the criteria for this initiative.

In addition to being relocated into Title 34 of the Rules of the City of New York, the DOT penalty schedule is updated to add new penalties and default amounts for the following: Administrative Code sections 19-151, 19-176.2, 19-191, 19-196 as well as sections 2-07(a)(2), 2-07(b)(2), 2-09(g)(1)(i), 2-11(c)(1)(iii), 2-11(e)(10)(vii), 2-11(e)(10)(viii), 2-11 (e)(12)(ix),
2-20(q)(7), and 4-16 of the Rules of the City of New York (RCNY). These new penalty amounts range from $250 to $20,000.

The descriptions for the following sections are updated to reflect recently adopted language: 2-11(e)(2), 2-11(e)(11)(iv), 2-11(e)(13)(vi), 2-11(e)(16)(iii), 2-11(f)(4)(v). The penalties for these sections have not been changed.

Effective Date: 
Sun, 10/01/2017

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, August 15, 2017
Proposed Rules Content: 

 

 

Statement of Basis and Purpose of Proposed Rule

 

The Fire Department is proposing to amend existing rules 3 RCNY §§ 109-01 and 109-02 to reflect changes in the administrative body that adjudicates most Fire Department violations and to the name of the violation form returnable to that body. The Fire Department is also proposing to adopt a penalty schedule as a new Fire Department rule, 3 RCNY §109-03.

 

The Fire Department is responsible for enforcing the New York City Fire Code (FC) (Title 29 of the Administrative Code); Title 15 of the Administrative Code (Fire Prevention and Control); the New York City Construction Codes (Title 28 of the Administrative Code); and the rules promulgated by the Department and codified in Title 3 of the Rules of the City of New York (“RCNY”).

 

The Fire Department conducts enforcement by, among other things, issuing “FDNY Summonses” to people and businesses that violate the above laws and rules. FDNY Summonses are returnable to the New York City Office of Administrative Trials and Hearings (“OATH”) acting pursuant to Section 1049-a of the New York City Charter, which relates to the Environmental Control Board (“ECB”). In 2008, ECB became part of OATH.  The new procedural rules of OATH’s Hearings Division, found in Chapter 6 of the Rules of the City of New York, use the term “Summons” rather than “Notice of Violation.”

 

Accordingly, to reflect the changes described above, the Fire Department now proposes conforming amendments to Sections 109-01 and 109-02 of its rules.

 

Additionally, the Fire Department’s penalty schedule used in the adjudication of agency violations, which defines the penalties associated with each type of violation of the above laws and rules, will now be included in the Fire Department’s rules. The Department’s penalty schedule is currently promulgated as part of the OATH rules, and that rule will be repealed by OATH simultaneous with the Fire Department’s adoption of this rule.

 

The enforcement agencies possess the expertise to adopt appropriate penalties based upon the severity of each violation and its corresponding impact on public safety.  Making the penalty schedule part of the issuing agency’s rules will make it more accessible to the public as it will now be located in the same title and chapter as the rules cited in the FDNY Summonses.

 

Accordingly, the Fire Department hereby proposes adoption of a new rule, 3 RCNY §109‑03, which sets forth a penalty schedule for FDNY Summonses.  The proposed penalty schedule is unchanged from the existing penalty schedule, which is currently codified as 48 RCNY §3‑106 of OATH rules, except that the violation categories for flashback arrestor, backflow valves and gas boosters (BF34) and for cryogenic fluids (BF36) have been eliminated.  Such violations will be integrated into the applicable Violation Categories in a separate rulemaking.

 

The Fire Department’s proposed adoption of the penalty schedule is being undertaken in conjunction with OATH’s proposed repeal of the existing penalty schedule.

 

Text that has been deleted is indicated by [brackets].  Text that has been added 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.

Subject: 

Amendments to 3RCNY Section 109-01: FDNY Summons, Certification of Correction and Stipulation Procedures
Amendments to 3RCNY Section109-02: Consolidation of Administrative Code Provisions For Enforcement Purposes
Propose New Rule 3RCNY Section 109-03: Penalty Schedule For FDNY Summonses

Location: 
FDNY Headquarters Auditorium
9 MetroTech Ctr
Brooklyn, NY 11201
Contact: 

No contact

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, July 31, 2017
Proposed Rules Content: 

The Commissioner of the New York City Department of Transportation is authorized to issue rules regarding parking and traffic operations and highway operations in the City pursuant to Sections 1043 and 2903 of the New York City Charter.

The purpose of the proposed rule is to:
• relocate the Department of Transportation (DOT) Penalty Schedule from the Office of Administrative Trials and Hearings Environmental Control Board (OATH/ECB) rules in Chapter 3 of Title 48 of the Rules of the City of New York to DOT’s rules in Title 34 of the Rules of the City of New York;
• update the schedule as needed to reflect recently adopted rules and changes to the law; and
• provide clearer, more concise language including by replacing abbreviations ‘w/o’ and ‘s/w’ with ‘without’ and ‘sidewalk’, respectively.

Although OATH/ECB is empowered to impose penalties under the New York City Charter and has until now promulgated penalty schedules, enforcement agencies like DOT 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 proposed rule relocation 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.

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 to simplify and update content to help support public understanding and compliance. The proposed repeal of 48 RCNY § 3-124, the current rule containing OATH/ECB’s DOT penalty schedule, was identified as meeting the criteria for this initiative.

In addition to being relocated into Title 34 of the Rules of the City of New York, the DOT penalty schedule has been updated to add new penalties and default amounts for the following: Administrative Code sections 19-151, 19-176.2, 19-191, 19-196 as well as sections 2-07(a)(2), 2-07(b)(2), 2-09(g)(1)(i), 2-11(c)(1)(iii), 2-11(e)(10)(vii), 2-11(e)(10)(viii), 2-11 (e)(12)(ix),
2-20(q)(7), and 4-16 of the Rules of the City of New York (RCNY). These new penalty amounts range from $250 to $20,000.

The descriptions for the following sections have been updated to reflect recently adopted language: 2-11(e)(2), 2-11(e)(11)(iv), 2-11(e)(13)(vi), 2-11(e)(16)(iii), 2-11(f)(4)(v). The penalties for these sections have not been changed.

Subject: 

.

Location: 
DOT Bid Room
55 Water Street Entrance to the Bid Rm is on the SE corner of 55 Water St facing the Vietnam Veterans Memorial Plaza
New York, NY 10041
Contact: 

No contact

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule The New York City Department of Sanitation (“DSNY”) is creating a new chapter that will include certain provisions of its existing penalty schedule, which is currently found in Title 48 of the Rules of the City of New York, by moving those provisions into Title 16 of the Rules of the City of New York. DSNY also is establishing penalties for repeat violations of certain provisions as described in Local Law 75 of 2016. Currently the penalties for violations of §16-118 of the New York City Administrative Code (“Administrative Code”) that pertain to certain types of littering infractions are found in 48 RCNY § 3-122. The Office of Administrative Trials and Hearings, Environmental Control Board (“OATH ECB”), is in the process of repealing all penalty schedules in its rules so they can be relocated to the rules of the enforcement agencies with primary rulemaking and policymaking jurisdiction over the laws that underlie these penalties. In conjunction with this rule, OATH ECB will remove the penalties for violations of §16-118 that pertain to littering from its schedule. In 2003, a civil penalty of $100 was established for violations of subdivisions (2), (3), (4), (6) and (7) of §16-118. Additionally in 2003, penalties for violations of subdivisions (3), (4) and (6) were set at $250 for a second offense and $350 for a third and subsequent offense within a 12 month period. Defaults for violations of these provisions are set at the maximum penalty that can be assessed. All penalties are within the monetary ranges specified in §16-118. Local Law 75 was enacted as part of the Criminal Justice Reform Act, a package of bills passed by the City Council that aims to build stronger and safer neighborhoods by reducing arrests and incarceration. Local Law 75 of 2016 amended §16-118(1) to establish a new violation for spitting. In addition, Local Law 75 also establishes a specific penalty for violation of subdivision 6 of §16-118 by means of public urination. Local Law 75 imposes a fixed penalty of $75 for first time violations of §16-118(1) and 16-118(6), and provides for a range of penalties for subsequent offenses of those provisions. The penalties for subsequent offenses of those provisions are fixed at the minimum amounts authorized by Local Law 75. Additionally, the default penalties for all violations found in §16-118(1) and for public urination under §16-118(6) have been set at 150 percent of the penalty imposed, not to exceed $400. Working with the City’s rulemaking agencies, the Law Department, OMB, and the 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 meets the criteria for this initiative. DSNY’s authority for these rules is found in sections 753 and 1043 of the New York City Charter, and section 16-118 of the New York City Administrative Code.

Effective Date: 
Mon, 06/05/2017

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Proposed Rule

On May 11, 2016, Chapter 43 of Title 15 of the Rules of the City of New York, establishing a penalty schedule for violations of the Air Code, took effect. It has since been discovered that there is an error in the penalty schedule.

Administrative Code Section 24-169, which prohibits the use, purchase, sale, offer, storage or transport of fuel with excess sulfur content, is listed in the penalty schedule with the incorrect subdivision. The schedule should include § 24-169(a) and § 24-169(b) but not § 24-169(c), which is not a charging section. The amounts of the penalties are set forth correctly, and remain unchanged.

Consistent with the above, DEP promulgates the following amendment, to be found at 15 RCNY Chapter 43.

Effective Date: 
Thu, 06/08/2017

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose

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.

Effective Date: 
Thu, 06/08/2017

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, April 26, 2017
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

On May 11, 2016, Chapter 43 of Title 15 of the Rules of the City of New York, establishing a penalty schedule for violations of the Air Code, took effect. It has since been discovered that there is an error in the penalty schedule.

Administrative Code Section 24-169, which prohibits the use, purchase, sale, offer, storage or transport of fuel with excess sulfur content, is listed in the penalty schedule with the incorrect subdivision. The schedule should include § 24-169(a) and § 24-169(b) but not § 24-169(c), which is not a charging section. The amounts of the penalties are set forth correctly, and remain unchanged.

Subject: 

DEP Amendments to the Penalty Schedule for Violations of the Air Code

Location: 
DEP 11 Floor Conference Room
59-17 Junction Blvd 11 Floor Conference Room
Flushing, NY 11373
Contact: 

No contact

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