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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 chapter 5 of title 48 of the Rules of the City of New York to incorporate the requirements set forth in the recently added chapter 10 of title 19 of the Administrative Code of the City of New York, regarding certain procedures to be followed at the OATH Hearings Division in adjudicating summonses issued by the Taxi and Limousine Commission (TLC).  The proposed rule was published in The City Record on May 6, 2019, and a public hearing was held on June 5, 2019. 

Mr. Peter M. Mazer, Esq., General Counsel of the Metropolitan Taxicab Board of Trade, provided testimony at the public hearing concerning the use of videoconferencing for hearings on summonses issued by the TLC, the TLC Chairperson’s review of mitigated penalties, and the timeliness requirements of respondent appearances.  As a result of his testimony, OATH amended sections 5-01a(c) and 5-06(c)(3) to reflect the requirements in Administrative Code sections 19-1003(c) and 19-1005.

Statement of Basis and Purpose of Final Rule

The City of New York recently enacted Local Law 19 of 2019, creating special procedures for the Office of Administrative Trials and Hearings (OATH) in adjudicating summonses issued by the Taxi and Limousine Commission (TLC).  This rule incorporates these new procedures into chapter 5 of title 48 of the Rules of the City of New York, the chapter of OATH’s Hearings Division rules solely applicable to TLC-related hearings.  OATH makes the following changes to chapter 5 of title 48: new section 5-01a; new subdivision (a) of section 5-04; an amendment to the title of subdivision (a) of section 5-05; and new subdivision (c) of section 5-06.  

New section 5-01a specifies the times by which a Respondent and a Petitioner must appear at a scheduled OATH hearing in order to constitute an appearance and the consequences for failing to appear in a timely manner.

New subdivision (a) of section 5-04 sets a fifty (50) day time limit to appeal a Hearing Officer’s underlying decision in cases in which the Hearing Officer has reduced the TLC penalty in order to allow such appellants sufficient time to file an appeal with OATH after the TLC Chairperson issues a determination on the Hearing Officer’s penalty reduction. 

The amended title of subdivision (a) of section 5-05, “Scope of Review of Appeals Unit Decisions,” clarifies that this subdivision, which relates to the review authority of the TLC Chairperson, only applies to decisions of the Appeals Unit. 

New subdivision (c) of section 5-06 grants Hearing Officers the discretion to decrease the penalties imposed for TLC violations if, upon consulting a list of factors, the Hearing Officer determines that a reduction of the penalty would be in the interest of justice.  The same subdivision also makes clear that the Chairperson of the TLC may reinstate the full penalty or increase the penalty that the Hearing Officer had reduced. 

This rule was not included in OATH’s regulatory agenda for this Fiscal Year as the underlying legislation was not anticipated by OATH.

Effective Date: 
Fri, 07/19/2019

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Final Rule

 

The Fire Department adopts this new rule, 3 RCNY §401-07, to establish standards, requirements and procedures for the conduct of fire drills and non-fire emergency drills.

 

This rule applies to office buildings, hotels and all other Group B and Group R-1 occupancies required by the 2014 Fire Code to have an emergency preparedness plan and a Fire and Life Safety (FLS) director (or a Fire Safety Director transitioning to an FLS director), and in all homeless shelters similarly required to have an FLS director or a Fire and Emergency Preparedness Coordinator.  The Fire Department encourages voluntary compliance with this rule in other occupancies conducting fire and/or other emergency preparedness drills.

 

The rule outlines the critical information that needs to be communicated during these drills. The Department’s goal is to ensure that these drills effectively communicate important public safety information about fire and non-fire emergencies in a manner meaningful to building occupants.

 

The rule also requires that persons conducting fire drills or non-fire emergency drills possess a Fire Department Certificate of Fitness.

 

The rule details the location of the presentation and effective presentation techniques, including use of visual enhancements, and lessons learned from actual emergency incidents.  The rule also provides drill presentation requirements including:

 

·       

the importance of calling 911 and notifying building emergency preparedness staff;

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a description of the building and building systems;

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a description of the fire alarm system, methods of notification and announcements, operation of manual pull stations, and use of warden phones;

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the location and use of means of egress;

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fire emergency procedures in buildings of combustible construction and noncombustible construction; and

·       

non-fire emergency procedures.

 

The rule is intended to promote the participation in drills of persons with disabilities or other functional needs, who will need assistance in evacuation or in-building relocation, and to require that the information be communicated to them in some other manner if they cannot participate.  It requires that the drills address issues relating to people who will need assistance, including encouraging such persons to establish a network of supports, by identifying themselves in accordance with building emergency preparedness procedures to make building emergency preparedness staff aware of their needs, and by introducing themselves to co‑workers willing and able to provide assistance in a fire or non-fire emergency.

 

Appendix A to the rule provides medical emergency procedures designed to help expedite the aid provided by emergency responders on scene.  An owner must implement the medical emergency procedures set forth in this rule.  Appendix B to the rule provides active shooter emergency procedures recommended by the Fire Department, which it developed with the New York City Police Department. While an owner may develop and implement its own active shooter procedures to reflect the specific conditions in its building or occupancy, the Fire Department recommends the procedures set forth in Appendix B as the appropriate training to provide building occupants in the typical building or occupancy.

 

Public Comment

 

Public comment was received requesting clarification of the reference in 401-07(b)(2) to “all types of non-fire emergencies.”  The provision has been revised to reference the non-fire emergencies identified in 401-07(a).

 

Public comment was received requesting that 401-07(d)(3) be revised to make clear that drill participants are being instructed to activate manual pull stations during an actual fire or smoke condition, not during the drill.  The provision has been revised accordingly.  The fire alarm system is commonly activated from the fire command center to announce the drill and to educate building occupants as to the meaning of the different alarm tones.

 

A similar comment was received with respect to use of warden phones during a drill.  Drill instructors may instruct floor wardens or other emergency preparedness staff during the drill to use the warden phones to familiarize them with the phones’ operation, but are not required to do so.

 

The entire rule is underlined, indicating that it is a new rule.

 

“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.

Effective Date: 
Tue, 01/01/2019

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, June 2, 2011
Proposed Rules Content: 



 Click here (.pdf) for the complete text of the proposed rule.