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Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Final Rule

The Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) amends subdivision a and subdivision b of section 6-19 of title 48 of the Rules of the City of New York to allow a respondent seeking to file an appeal to obtain a financial hardship waiver for restitution payments. If a respondent wishes to appeal an OATH ECB hearing decision pursuant to such section 6-19, the respondent must, in addition to meeting other requirements, indicate in writing that any fines, penalties, or restitution imposed by the hearing decision have been paid in full, unless the respondent is granted a waiver due to financial hardship, or another exception applies. Prior to this rule amendment, such a waiver could be granted with respect to the payment of fines and penalties, but not with respect to the payment of restitution. The two sections of this rule change, described below, are necessary to ensure that respondents facing financial hardship can exercise their right to an appeal regardless of the type of sanction imposed upon them by a hearing decision.

Section 1 of this rule amends clause (A) of subparagraph (iii) of paragraph 1 of subdivision a of section 6-19 of title 48 of the Rules of the City of New York to permit a respondent who has been granted a financial hardship waiver to file an appeal of an OATH ECB decision without indicating in writing that any payments of restitution imposed by the decision have been made in full. Prior to this rule change, such alternative would only be available where the decision imposed the payment of a fine or a penalty.

Section 2 of this rule amends subdivision b of section 6-19 of title 48 of the Rules of the City of New York to eliminate the restitution exception for financial hardship waivers. This amendment allows the OATH ECB Chief Administrative Law Judge, or his or her designee, to waive the requirement that a respondent indicate in writing and submit proof that the respondent has paid restitution in full prior to or at the time of filing an appeal, where the respondent has produced evidence of the respondent’s financial hardship.

Effective Date: 
Mon, 07/20/2020

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, June 8, 2020
Proposed Rules Content: 

 

City of New York

 

Office of Administrative Trials and Hearings

 

 

Notice of Public Hearing and Opportunity to Comment on Proposed Rules

 

What are we proposing? The Office of Administrative Trials and Hearings (OATH) is proposing changes to its rules expanding the availability of financial hardship waivers for respondents appealing hearing decisions imposing restitution payments. 

When and where is the Hearing? OATH will hold a public hearing on the proposed rule. The public hearing will take place from 11:00 a.m. through 12:00 p.m. on Tuesday, June 9, 2020. The hearing will be conducted by video conference and is accessible by:   

 

·   Internet Video and Audio.  For access, visit:

https://nyc-oath.webex.com/nyc-oath/j.php?MTID=m66c351286644a6d9d5bc333d13aa5f2f

 

When prompted, enter Meeting ID:  719 567 232

             Password:     OATH

 

·    Phone.  For access, dial:  1-646-992-2010  or  1-408-418-9388. 

When prompted, enter Meeting ID:  719 567 232

 

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

 

·    Website.  You can submit comments to OATH through the NYC rules website at http://rules.cityofnewyork.us/.

 

·    Email.  You can email comments to Rules_Oath@oath.nyc.gov.

 

·    Mail.  You can mail comments to OATH, Attention: Nicholas Dietz, Assistant General Counsel, 100 Church Street, 12th Floor, New York, NY 10007.

 

·    Fax. You can fax comments to OATH, Attention: Nicholas Dietz, Assistant General Counsel, at (212) 361-1900.

 

·    By Speaking at the Hearing.  Anyone who wants to comment on the proposed rules at the public hearing may speak for up to three minutes.  Please access the public hearing by internet video and audio or by telephone using the instructions above.

 

Is there a deadline to submit written comments? Yes, you must submit written comments by 5:00 p.m. on Tuesday, June 9,2020.

 

Do you need assistance to participate in the hearing?  You must tell OATH 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 contact us by mail at 100 Church Street, 12th Floor, New York, NY 10007 or by telephone at (212) 436-0708 to request a reasonable accommodation. You must tell us by Monday, June 8, 2020.

 

Can I review the comments made on the proposed rule? You may go online to review the comments made online on the proposed rules by going to the NYC Rules website at http://rules.cityofnewyork.us/. Shortly after the public hearing, copies of all comments submitted online, copies of all written comments, and a summary of oral comments concerning the proposed rule will be available to the public at OATH, 66 John Street, 10th Floor, New York, NY 10038 and on OATH’s website at https://www1.nyc.gov/site/oath/about/legal-resources-and-rule-making.page.

 

What authorizes OATH to make this rule? Section 1049(2)(a) of the New York City Charter authorizes OATH to make this proposed rule. This proposed rule was not included in OATH’s regulatory agenda for this Fiscal Year because it had not been contemplated when OATH published the agenda. 

 

Where can I find OATH’s rules? OATH’s rules can be found 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 of the New York City Charter when creating or changing rules. This notice is made according to the requirements of section 1043 of the New York City Charter.

 

 

Statement of Basis and Purpose of Proposed Rule

 

The Office of Administrative Trials and Hearings (OATH) is proposing to amend the Rules of the City of New York to allow a respondent seeking to file an appeal to obtain a financial hardship waiver for restitution payments. Currently, if a respondent wishes to appeal an OATH hearing decision pursuant to such section 6-19, the respondent must, in addition to meeting other requirements, indicate in writing that any fines, penalties, or restitution imposed by the hearing decision have been paid in full, unless the respondent is granted a waiver due to financial hardship, or another exception applies. Such a waiver may be granted with respect to the payment of fines and penalties, but not with respect to the payment of restitution. The two sections of this proposed rule change, described below, are necessary to ensure that respondents facing financial hardship can exercise their right to an appeal regardless of the type of sanction imposed upon them by a hearing decision.

Section 1 of this proposed rule would amend clause (A) of subparagraph (iii) of paragraph 1 of subdivision a of section 6-19 of title 48 of the Rules of the City of New York to permit a respondent who has been granted a financial hardship waiver to file an appeal of an OATH decision without indicating in writing that any payments of restitution imposed by the decision have been made in full. Currently, such alternatives are only available where the decision imposes the payment of a fine or a penalty.

 

Section 2 of this proposed rule would amend subdivision b of section 6-19 of title 48 of the Rules of the City of New York to eliminate the restitution exception for financial hardship waivers. This amendment would allow the OATH Chief Administrative Law Judge, or his or her designee, to waive the requirement that a respondent indicate in writing and submit proof that the respondent has paid restitution in full prior to or at the time of filing an appeal, where the respondent has produced evidence of the respondent’s financial hardship.  

Subject: 

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Location: 
Audio/Video Conference Call NY
Contact: 

OATH Rules, 212-436-0708

Download Copy of Proposed Rule (.pdf):