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Proposed Rules: Open to Comments

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Agency:
Comment By: 
Wednesday, October 2, 2019
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

Currently, BIC’s rules authorize BIC to issue penalties to businesses located in public wholesale markets regulated by the Commission that are not located in a seafood distribution area for employing an individual without an approved photo identification card. But, there currently is no corresponding rule for businesses located in a seafood distribution area. Instead, BIC is restricted to penalizing individual employees for failure to obtain an approved photo identification card. The proposed rule would authorize BIC to issue penalties to the businesses in the seafood distribution areas for employing an individual without an approved photo identification card, rather than solely relying on penalizing the individual employee. The proposed rule would also significantly lower the penalties associated with the rule for all affected businesses. In addition, it adds several new penalties to the penalty schedule, which are all already prohibited by BIC’s rules in 17 RCNY 12-18, but lacked specific penalties.
This change will allow BIC to penalize companies in a seafood distribution area that continually fail to inform their employees that they must submit a photo identification card application to the Commission upon attempting to work for a Commission-registered business. It will also reduce the total amount of the issued penalty from a maximum of $10,000 to a maximum of $1,000, thereby lessening the impact of issuance on business operations while still penalizing failure to comply with the law.
The proposed amendments would accomplish the following:

● Update the language for rules applying to public wholesale and market businesses relating to employing individuals without an approved photo identification card;

● Add a rule to the Seafood Distribution Areas section and the penalty schedule to ensure public wholesale and market businesses can be penalized for employing individuals without an approved photo identification card;

● Reduce the penalties for the rules relating to businesses employing individuals without an approved photo identification card.

● Add penalties for acts already prohibited by BIC’s rules in 17 RCNY 12-18.

Subject: 

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

Salvador Arrona, sarrona@bic.nyc.gov, 212-437-0523

Adopted Rules: Closed to Comments

Adopted Rules Content: 

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 Commission by sections 1043(a) and 2101(b) of the New York City Charter that the New York City Business Integrity Commission (“BIC” or the “Commission”) has adopted the Penalty Schedule for Violation of BIC Rules set forth below. BIC published a Notice of Opportunity to Comment on the proposed rule in the City Record on June 18, 2018.  On July 24, 2018, BIC held a public hearing on the proposed rule. No comments were received prior to or during the public hearing, and no changes have been made to the originally published version.

Effective Date: 
Fri, 11/16/2018

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, August 6, 2018
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

The Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) is proposing to repeal its Public Wholesale Markets, Fulton Fish Market, and Other Public Markets Penalty Schedule rule (the “Markets Penalty Schedule”). This schedule is currently found in § 3-108 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 22 of the New York City Administrative Code, and Title 17 of the Rules of the City of New York. At the same time, the Business Integrity Commission (“BIC”) is proposing a similar penalty schedule in Section 11-22 of Title 17 of the Rules of the City of New York.

The context for this proposed 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 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 proposed rule repeal will speed up the rulemaking process by eliminating the need for OATH ECB approval of proposed or amended penalties for agency rules that have already been established by the legislature and/or that have already undergone the City Administrative Procedure Act (CAPA) process by the enforcement agency.  The public will still have the opportunity to comment on proposed penalties during that process.

Working with the City’s rulemaking agencies, the Law Department, the Mayor’s Office of Management and Budget, and the Mayor’s Office of Operations conducted a retrospective rules review of the City’s existing rules, identifying those rules that 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 proposed rule repeal was identified as meeting the criteria for this initiative. 

Section 1. The Public Wholesale Markets, Fulton Fish Market, and Other Public Markets Penalty Schedule rule, found in Section 3-108 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York, is REPEALED.

 

 

 

Subject: 

OATH ECB Proposed Repeal of the Markets Penalty Schedule

Location: 
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: 

NOTICE OF ADOPTION OF FINAL RULE ON OMNIBUS RULE AMENDMENT

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 Commission by sections 1043(a) and 2101(b) of the New York City Charter that the New York City Business Integrity Commission (“BIC” or the “Commission”) adopts the following Omnibus Rule Amendment. BIC published a Notice of Opportunity to Comment on the proposed rule in the City Record on April 28, 2017. On June 7, 2017, BIC held a public hearing on the proposed rule. BIC received public comments on the proposed rule. As a result of those comments, the Commission shortened Title 17, Section 5-05(a)(4). In addition, the Commission removed the proposed amendment regarding service by e-mail from Title 17 Sections 1-02, 11-20, and 12-25.

Effective Date: 
Thu, 04/05/2018