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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 7 of title 48 of the Rules of the City of New York, concerning the community service program established by OATH pursuant to subdivision 4 of section 1049 of the New York City Charter.

The proposed rule was published in The City Record on March 20, 2019, and a public hearing was held on April 23, 2019. No one attended or testified at the public hearing concerning this rule and OATH did not receive any written comments.

Statement of Basis and Purpose of Final Rule

The Office of Administrative Trials and Hearings (OATH) amends section 7-01, subdivisions (a) and (b) of section 7-02, section 7-03, and section 7-05 of Chapter 7 of Title 48 of the Rules of the City of New York, concerning OATH’s community service program established by section 1049(4) of the New York City Charter (City Charter).  In addition, OATH renumbers sections 7-06 and 7-07 as sections 7-07 and 7-08, respectively, and adds a new section 7-06 to such Chapter.  

OATH began offering community service to eligible respondents in June 2017 as part of the Criminal Justice Reform Act (Local Law 73 for the year 2016).  The New York City Council passed the Criminal Justice Reform Act (CJRA) to create the opportunity for civil enforcement of low-level, non-violent offenses. This legislation was enacted on June 13, 2016. As part of the CJRA, Local Law 73 added new provisions to section 1049 of the City Charter that require OATH Hearing Officers to offer an option to perform community service in lieu of paying a monetary civil penalty for certain specified violations of the Administrative Code of the City of New York and certain violations of rules of the Department of Parks and Recreation (DPR). A respondent is eligible to complete community service if they have either admitted to a specified violation before a hearing or if a specified violation was sustained against them after a hearing. A table of specified violations can be found in § 7-02 below. 

Currently, respondents may only complete community service in-person, including a one-hour e-learning (learning which is conducted on a computer) course administered at an OATH Hearings Division location. Commencing in the summer of 2019, respondents will have the option to fulfill a one- or two-hour community service requirement by completing an online Community Service course from any computer. The amendments describe the procedures by which respondents may now complete community service either before or after a hearing, including the process by which respondents can admit to a Specified Violation by completing the online Community Service course, on or before the hearing date.

The amendments to section 7-01 remove the definition of “community service provider” since OATH is now managing the community service program. The amendments to section 7-02 clarify that a respondent may now admit to a specified violation before the hearing date without appearing before a hearing officer.

The amendments also relocate the provisions that govern community service extensions from subdivisions (c) and (d) of section 7-05 to a new section 7-06, and clarify that extensions do not apply to respondents who wish to admit to the Specified Violation by completing the online Community Service course. Due to the creation of a new section 7-06, former sections 7-06 and 7-07 are renumbered.

Effective Date: 
Wed, 07/17/2019

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, April 23, 2019
Proposed Rules Content: 

City of New York

Office of Administrative Trials and Hearings

Notice of Public Hearing and Opportunity to Comment on Proposed Rule

What are we proposing? The Office of Administrative Trials and Hearings (OATH) proposes to amend Chapter 7 of Title 48 of the Rules of the City of New York, concerning the community service program established by OATH pursuant to subdivision 4 of Section 1049 of the New York City Charter. 

When and where is the Hearing? OATH will hold a public hearing on the proposed rule. The public hearing will take place from 10:00 a.m. to 11:00 a.m. on April 23, 2019. The hearing will be held in the OATH Conference Room located at 66 John Street, 10th Floor, New York, NY 10038.

This location has the following accessibility option(s) available: Wheelchair Accessible.

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

 

 

 

  •          Mail.  You can mail written comments to OATH, Attention: Simone Salloum, Senior Counsel, 100 Church Street, 12th Floor, New York, NY 10007.

 

  •          Fax. You can fax written comments to OATH, Attention: Simone Salloum, Senior Counsel, at 646-500-5742.

 

  •          Hearing.  You can speak at the hearing. Anyone who wants to comment on the proposed rule at the public hearing must sign up to speak. You can sign up before the hearing by calling Elizabeth Nolan at 212-436-0708, or you can also sign up in the hearing room before the hearing begins on April 23, 2019. You can speak for up to three (3) minutes.

Is there a deadline to submit written comments? You may submit written comments up to 5:00 p.m. on April 23, 2019.

What if I need assistance to participate in the Hearing? You must tell us 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 tell us by mail at 100 Church Street, 12th Floor, New York, NY 10007. You may also tell us by telephone at 212-436-0708. You must tell us by April 16, 2019.

Can I review the comments made on the proposed rule? You can review the comments that have been submitted online by visiting the NYC rules website at http://rules.cityofnewyork.us/. A few days after the hearing, a transcript of the hearing and copies of the written comments will be available to the public at OATH, 66 John Street, 10th Floor, New York, NY 10038.

What authorizes OATH to make this rule? Section1049(4)(g) of the City Charter authorizes OATH to make this proposed rule. This proposed rule was included in OATH’s regulatory agenda for this Fiscal Year.

Where can I find OATH’s rules? OATH’s rules are 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(b) of the City Charter when creating or changing rules. This notice is made according to the requirements of Sections 1043(b) and 1049(4)(g) of the City Charter.

Statement of Basis and Purpose of Proposed Rule

The Office of Administrative Trials and Hearings (OATH) proposes amendments to section 7-01, subdivisions (a) and (b) of section 7-02, section 7-03, and section 7-05 of Chapter 7 of Title 48 of the Rules of the City of New York, concerning OATH’s community service program established by section 1049(4) of the New York City Charter (City Charter).  In addition, OATH proposes to renumber sections 7-06 and 7-07 as sections 7-07 and 7-08, respectively, and add a new section 7-06 to such Chapter.  

OATH began offering community service to eligible respondents in June 2017 as part of the Criminal Justice Reform Act (Local Law 73 for the year 2016).  The New York City Council passed the Criminal Justice Reform Act (CJRA) to create the opportunity for civil enforcement of low-level, non-violent offenses. This legislation was enacted on June 13, 2016. As part of the CJRA, Local Law 73 added new provisions to section 1049 of the City Charter that require OATH Hearing Officers to offer an option to perform community service in lieu of paying a monetary civil penalty for certain specified violations of the Administrative Code of the City of New York and certain violations of rules of the Department of Parks and Recreation (DPR). A respondent is eligible to complete community service if they have either admitted to a specified violation before a hearing or if a specified violation was sustained against them after a hearing. A table of specified violations can be found in § 7-02 below. 

Currently, respondents may only complete community service in-person, including a one-hour e-learning (learning which is conducted on a computer) course administered at an OATH Hearings Division location. Commencing in the summer of 2019, respondents will have the option to fulfill a one- or two-hour community service requirement by completing an online Community Service course from any computer. The proposed amendments describe the procedures by which respondents may now complete community service either before or after a hearing, including the process by which respondents can admit to a Specified Violation by completing the online Community Service course, on or before the hearing date.

The proposed amendments to section 7-01 remove the definition of “community service provider” since OATH is now managing the community service program. The proposed amendments to section 7-02 clarify that a respondent may now admit to a specified violation before the hearing date without appearing before a hearing officer.

The proposed amendments also relocate the provisions that govern community service extensions from subdivisions (c) and (d) of section 7-05 to a new section 7-06, and clarify that extensions do not apply to respondents who wish to admit to the Specified Violation by completing the online Community Service course. Due to the creation of a new section 7-06, former sections 7-06 and 7-07 are renumbered.

Subject: 

.

Location: 
OATH 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: 

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) pursuant to New York City Charter section 1049(4)(g) that OATH amends the table in subsection (a) of section 7-02 of chapter 7 of title 48 of the Rules of the City of New York, to reflect the new monetary penalties set forth in section 16-118(9) of the Administrative Code of the City of New York for second and third violations of littering, sweep-out, throw-out, and spitting, as amended by Local Law 131 of 2018, and to correct an error in a rule citation. 

The proposed rule was published in The City Record on November 1, 2018. OATH did not hold a public hearing on the proposed rule pursuant to New York City Charter section 1043(e)(iii) on the grounds that a public hearing would serve no public purpose. OATH has no discretion over the new monetary penalties set forth in Administrative Code section 16-118(9), which are replicated in this rule. OATH did not receive any written comments.

Statement of Basis and Purpose of Final Rule

The Office of Administrative Trials and Hearings (OATH) amends the table in subsection (a) of section 7-02 of chapter 7 of title 48 of the Rules of the City of New York (RCNY) to reflect the new monetary penalties set forth in section 16-118(9) of the Administrative Code of the City of New York (Administrative Code) for second and third violations of Administrative Code section 16-118(1) (littering, sweep-out, throw-out, and spitting), as amended by Local Law 131 of 2018.

Section 7-02(a) includes a table of violations eligible for community service, the monetary civil penalty, and the corresponding community service hour requirement. Effective November 26, 2018, Local Law 131 of 2018 amends section 16-118(9) to remove the penalty ranges for second and third violations of section 16-118(1) and sets a fixed penalty of $300 for a second violation, and $400 for a third violation of that provision. This amendment reflects the increase in these penalties.   

The amendments also correct an error in the citation to 56 RCNY section 1-04(i), related to unleashed/uncontrolled animals in the park. 

Pursuant to city charter section 1043(d)(4)(ii), this rule is exempt from the certification requirements of section 1043(d).

New material is underlined.

[Deleted material is in brackets.]

Section 1.  The following rows in the table in subsection (a) of section 7-02 of chapter 7 of title 48 of the Rules of the City of New York are amended to read as follows:

Citation in Summons

Description in Summons

Citation Monetary Penalty

Community Service Hour Requirement

Admin. Code § 16-118(1)(a), (b)

Littering, Sweep-out, throw-out, spitting

1st - $75

2nd - $[250] 300

3rd - $[350] 400

1st - 1

2nd - 2

3rd - 3

 

 

 

 

56 RCNY § 1-04( [1]i)

Unleashed/uncontrolled animals in park

$100

1

 

 

 

 

56 RCNY § 1-04([1] i)

Unleashed/uncontrolled animals in park – second or subsequent violation within one year

$250

2

 

 

Effective Date: 
Sun, 02/17/2019

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Saturday, December 1, 2018
Proposed Rules Content: 

City of New York

Office of Administrative Trials and Hearings

Notice of Opportunity to Comment on Proposed Rule

What are we proposing? The Office of Administrative Trials and Hearings (OATH) proposes amending the table in subsection (a) of section 7-02 of chapter 7 of title 48 of the Rules of the City of New York, to reflect the new monetary penalties set forth in section 16-118(9) of the Administrative Code of the City of New York for second and third violations of littering, sweep-out, throw-out, and spitting, as amended by Local Law 131 of 2018, and to correct an error in a rule citation. 

When and where is the Hearing? OATH will not hold a public hearing on this proposed rule pursuant to New York City Charter section 1043(e)(iii) on the grounds that a public hearing would serve no public purpose. OATH has no discretion over the new monetary penalties set forth in Administrative Code section 16-118(9), which are replicated in this proposed rule.

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

 

 

  •          Mail.  You can mail written comments to OATH, Attention: Simone Salloum, Senior Counsel, 100 Church Street, 12th Floor, New York, NY 10007.

 

  •          Fax. You can fax written comments to OATH, Attention: Simone Salloum, Senior Counsel, at 646-500-5742.

Is there a deadline to submit written comments? You may submit written comments up to 5:00 p.m. on December 1, 2018.

Can I review the comments made on the proposed rule? You can review the comments that have been submitted online by visiting the NYC rules website at http://rules.cityofnewyork.us/. Copies of the written comments will be available to the public at OATH, 66 John Street, 10th Floor, New York, NY 10038.

What authorizes OATH to make this rule? Section1049(4)(g) of the New York City Charter (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 was not anticipated at the time OATH published its regulatory agenda.

Where can I find OATH’s rules? OATH’s rules are in title 48 of the Rules of the City of New York.

What laws govern the rulemaking process? OATH must meet the requirements of Section 1043(b) of the city charter when creating or changing rules. This notice is made according to the requirements of Sections 1043(b) and 1049(4)(g) of the city charter.

Statement of Basis and Purpose of Proposed Rule

The Office of Administrative Trials and Hearings (OATH) proposes amending the table in subsection (a) of section 7-02 of chapter 7 of title 48 of the Rules of the City of New York (RCNY) to reflect the new monetary penalties set forth in section 16-118(9) of the Administrative Code of the City of New York (Administrative Code) for second and third violations of Administrative Code section 16-118(1) (littering, sweep-out, throw-out, and spitting), as amended by Local Law 131 of 2018.

Section 7-02(a) includes a table of violations eligible for community service, the monetary civil penalty, and the corresponding community service hour requirement. Effective November 28, 2018, Local Law 131 of 2018 amends section 16-118(9) to remove the penalty ranges for second and third violations of section 16-118(1) and sets a fixed penalty of $300 for a second violation, and $400 for a third violation of that provision. This proposed amendment reflects the increase in these penalties. 

The proposed amendments also correct an error in the citation to 56 RCNY section 1-04(i), related to unleashed/uncontrolled animals in the park. 

Pursuant to city charter section 1043(d)(4)(ii), this proposed rule is exempt from the certification requirements of section 1043(d).

Subject: 

.

Contact: 

No contact

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, August 17, 2018
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

 The Office of Administrative Trials and Hearings (OATH) proposes amendments to sections 7-02, 7-03, and 7-05 of Chapter 7 of Title 48 of the Rules of the City of New York concerning OATH’s community service program, mandated by New York City Charter section 1049(4). These amendments reflect changes to the process by which a respondent may choose community service and request extensions to complete community service. The proposed amendments also restructure the community service hour requirements.

OATH began offering community service to eligible respondents in June 2017 as part of the Criminal Justice Reform Act. The following proposed amendments to Chapter 7 reflect changes in process that OATH will implement as part of its continued evaluation and review of the community service program: 

·       Clarifies that respondents do not have to choose community service during the hearing. If found in violation, eligible respondents will receive a decision that provides the option either to pay the monetary penalty or to complete community service. If an eligible respondent wants to complete community service, the respondent now must contact OATH’s community service provider after the hearing. The prior process required the hearing officer to offer the community service before the hearing had concluded. The new process will allow respondents a greater opportunity to learn more about the community service program before making the decision to perform community service.

·        Removes the deadline to request an extension to complete community service in order to give more flexibility to the community service provider in granting community service extensions. 

·      Restructures the community service hour requirements to lower the hour requirements for higher penalties while complying with the benchmark set forth in New York City Charter section 1049(4). This will enable a greater number of respondents to participate in the community service program

Subject: 

.

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

OATH, (212) 436-0708

Adopted Rules: Closed to Comments

Adopted Rules Content: 

NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED in the Office of Administrative Trials and Hearings in accordance with Sections 1049(4)(g) and 1043(b) of the New York City Charter. OATH promulgates a new Chapter 7 of Title 48 of the Rules of the City of New York, which describes OATH’s community service program mandated by New York City Charter Section 1049(4). 

 

The proposed rule was published in The City Record on March 31, 2017, and a public hearing was held on May 1, 2017. No members of the public attended the public hearing and OATH did not receive any written comments concerning this rule.

 

Statement of Basis and Purpose

 

The Office of Administrative Trials and Hearings (OATH) promulgates a new Chapter 7 of Title 48 of the Rules of the City of New York, describing OATH’s community service program, mandated by New York City Charter Section 1049(4). 

 

The New York City Council passed the Criminal Justice Reform Act (CJRA) to create the opportunity for civil enforcement of low-level, non-violent offenses. This legislation was enacted on June 13, 2016.  As part of the CJRA, Local Law 73 added new provisions to section 1049 of the NYC Charter that require OATH Hearing Officers to offer an option to perform community service in lieu of paying a monetary civil penalty for certain specified violations of the Administrative Code and certain violations of rules of the Department of Parks and Recreation (DPR).

 

Local Law 73 added subdivision 4 of section 1049 to the NYC Charter.  This subdivision requires that an OATH Hearing Officer offer a respondent who has been accused of committing a specified violation of the Administrative Code or of DPR’s rules the option to perform community service instead of paying a monetary civil penalty. Local Law 73 defines community service broadly to include attendance at programs that are either in-person or web-based, which are designed to benefit, improve, or educate either the community or the respondent. Section 1049(4)(b) provides a list of “Specified Violations” that are eligible for community service.  The Charter also provides guidelines as to the amount of community service to be performed in lieu of payment of the monetary civil penalty.  Section 1049(4)(g) grants OATH the authority to promulgate rules necessary for carrying out the Charter requirements concerning community service.  Specifically, OATH is required to promulgate rules that specify the correspondence between the amount of community service offered and the amount of civil penalties imposed.  OATH has structured several community service program offerings, each of which has a set number of hours that correlate to the benchmark set forth in Local Law 73 of 2016.

 

This rule describes OATH’s community service program and the procedures a respondent must follow to request and complete community service. Chapter 7 contains the following:

 

  • A definitions section, which defines terms such as Community Service, Community Service Provider, and Specified Violations;
  • A chart of Specified Violations for which community service is an option, including the applicable monetary penalty and the corresponding number of community service hours;
  • The procedures a respondent must follow to choose the community service option;
  • The procedure and requirements to timely complete community service or request an extension to complete community service;
  • The consequences for failure to timely complete community service; and
  • The procedure for appealing a decision after a respondent has chosen the community service option.

 

OATH made the following changes to Section 7-02 of the proposed rule:

  • Revised the chart to conform the relevant summons citations, descriptions and penalty amounts to the Department of Parks and Recreation penalty schedule, which is being promulgated simultaneously with this rule. 
  • Changed the heading in the chart from “Monetary Penalty” to “Citation Monetary Penalty.”
  • Removed from the chart the violations of “Unauthorized music or noise for advertising/commercial purposes” and “Commercial cinematic production without required permit” based on Section 1049(4) of the NYC Charter, which states that Specified Violations do not include violations arising during the course of conducting any commercial activity or violations arising from an activity carried out for a commercial purpose. 
Effective Date: 
Tue, 06/13/2017

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, May 1, 2017
Proposed Rules Content: 

City of New York

Office of Administrative Trials and Hearings

 

Notice of Public Hearing and Opportunity to Comment on Proposed Rule

 

What are we proposing? The Office of Administrative Trials and Hearings (OATH) proposes a new Chapter 7 of Title 48 of the Rules of the City of New York, concerning the community service program established by OATH pursuant to new subdivision four of New York City Charter Section 1049, which was added by Local Law 73 of 2016.  

 

When and where is the Hearing? OATH will hold a public hearing on the proposed rule. The public hearing will take place from 10:00 a.m. through 11:30 a.m. on May 1, 2017. The hearing will be in the OATH Conference Room located at 66 John Street, 10th Floor, New York, NY 10038.

 

This location has the following accessibility option(s) available: Wheelchair Accessible.

 

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

 

 

 

  • Mail.  You can mail written comments to OATH, Attention: Simone Salloum, Assistant General Counsel, 66 John Street, 10th Floor, New York, NY 10038.

 

  • Fax. You can fax written comments to OATH, Attention: Simone Salloum, Assistant General Counsel, at 212-361-1900.

 

  • Hearing.  You can speak at the hearing. Anyone who wants to comment on the proposed rule at the public hearing must sign up to speak. You can sign up before the hearing by calling Elizabeth Nolan at 212-436-0708, or you can also sign up in the hearing room before the hearing begins on May 1, 2017. You can speak for up to three (3) minutes.

 

Is there a deadline to submit written comments? You may submit written comments up to the close of business on May 1, 2017.

 

What if I need assistance to participate in the Hearing? You must tell us 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 tell us by mail at the address given above. You may also tell us by telephone at 212-436-0708. You must tell us by April 24, 2017.

 

Can I review the comments made on the proposed rule? You can review the comments that have been submitted online by visiting the NYC rules website at http://rules.cityofnewyork.us/. A few days after the hearing, a transcript of the hearing and copies of the written comments will be available to the public at OATH, 66 John Street, 10th Floor, New York, NY 10038.

 

What authorizes OATH to make this rule? Section 1049(4)(g) of the City Charter authorizes OATH to make this proposed rule. This proposed rule was included in OATH’s regulatory agenda for this Fiscal Year.

 

Where can I find OATH’s rules? OATH’s rules are 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(b) of the City Charter when creating or changing rules. This notice is made according to the requirements of Sections 1043(b) and 1049(4)(g) of the City Charter.

 

 

Statement of Basis and Purpose of Proposed Rule

The Office of Administrative Trials and Hearings (OATH) proposes a new Chapter 7 of Title 48 of the Rules of the City of New York, describing OATH’s community service program, mandated by New York City Charter Section 1049(4). 

The New York City Council passed the Criminal Justice Reform Act (CJRA) to create the opportunity for civil enforcement of low-level, non-violent offenses. This legislation became law on June 13, 2016.  As part of the CJRA, Local Law 73 added new provisions to section 1049 of the NYC Charter that require OATH Hearing Officers to offer an option to perform community service in lieu of paying a monetary civil penalty for certain specified violations of the Administrative Code and certain violation of rules of the Department of Parks and Recreation (DPR).

Local Law 73 added subsection 1049(4) to the NYC Charter.  This section requires that an OATH Hearing Officer offer a respondent who has been accused of committing a specified violation of the Administrative Code or of DPR’s rules the option to perform community service instead of paying a monetary civil penalty. Local Law 73 defines community service broadly to include attendance at programs that are either in-person or web-based, which are designed to benefit, improve, or educate either the community or the respondent. Section 1049(4)(b) provides a list of “Specified Violations” that are eligible for community service.  The Charter also provides guidelines as to the amount of community service to be performed in lieu of payment of the monetary civil penalty.  Section 1049(4)(g) grants OATH the authority to promulgate rules necessary for carrying out the Charter requirements concerning community service.  Specifically, OATH is required to promulgate rules that specify the correspondence between the amount of community service offered and the amount of civil penalties imposed.  OATH has structured several community service program offerings, each of which has a set number of hours that correlate to the benchmark set forth in Local Law 73 of 2016.

This proposed rule describes OATH’s community service program and the procedures a respondent must follow to request and complete community service. Proposed new Chapter 7 contains the following:

  • A definitions section, which defines terms such as Community Service, Community Service Provider, and Specified Violations;
  • A chart of Specified Violations for which community service is an option, including the applicable monetary penalty and the corresponding number of community service hours;
  • The procedures a respondent must follow to choose the community service option;
  • The procedure and requirements to timely complete community service or request an extension to complete community service;
  • The consequences for failure to timely complete community service; and
  • The procedure for appealing a decision after a respondent has chosen the community service option. 
Subject: 

.

Location: 
OATH 10th Floor Conference Room
66 John Street, 10th Floor
New York, NY 10038
Contact: 

Elizabeth Nolan, enolan@oath.nyc.gov, (212) 436-0708

Download Copy of Proposed Rule (.pdf):