Amendment of 48 RCNY 3-100 of ECB Rules of Procedure and Repeal of ECB Air Code Penalty Schedule

Proposed Rules: Closed to Comments

Comment By: 
Monday, May 16, 2016

Statement of Basis and Purpose of Proposed Rule



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 proposing to amend 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 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 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.

Public Hearing

Amendment of 48 RCNY 3-100 of ECB Rules of Procedure and Repeal of ECB Air Code Penalty Schedule.

Public Hearing Date: 
Monday, May 16, 2016 - 10:30am

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

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