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Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rule

The Department of Consumer Affairs (“DCA”) is revising its rules to establish the community district caps required by Local Laws 144 and 146 of 2017, and to create procedures to accept applications for Tobacco Retail Dealer (“TRD”) and Electronic Cigarette Retail Dealer (“ERD”) licenses under the community district caps. Local Law 144 of 2017 requires that ERD licenses be capped at half the number of such licenses that have been issued on August 23, 2018, by community district. Local Law 146 of 2017 reduces the number of TRDs by capping the TRD licenses in each community district at half of the number of licenses that have been issued as of February 24, 2018. No new ERD or TRD licenses will be issued in a community district until the total number of licenses decreases through attrition below the respective caps.

Effective Date: 
Mon, 02/11/2019

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, February 4, 2019
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rules

DCA proposes to add a new Section 5-259 to Title 6 of the Rules of the City of New York to establish a template “Terms and Conditions” document, pursuant to Section 181(3) of the New York General Business Law, which an employment agency would be required to provide to its customers. The “Terms and Conditions” document must accompany each contract and summarize the important terms and conditions contained in the contract in plain and commonly understood terms.

DCA also proposes amendments to Section 5-250 requiring employment agencies to post certain signs, as required by Section 188 of the New York General Business Law. 

DCA proposes to amend Section 5-248 to prohibit employment agencies from discriminating on the basis of sexual orientation. Working with the City’s rulemaking agencies, the Law Department, the Office of Management and Budget, and the Office of Operations conducted a retrospective rules review of the City’s existing rules, identifying rules that should be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to help support public understanding and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 amendment to Section 5-248 was identified through this initiative.

Section 189(3) of the New York General Business Law grants DCA the authority to create administrative rules to effectuate the purposes of Article 11 of the General Business Law. Section 20-104(b)(7) of the New York City Administrative Code grants DCA the power to create rules to ensure that licensed businesses do not discriminate on the basis of sex, among other things. Discrimination on the basis of sexual orientation is a form of discrimination on the basis of sex. See Zarda v. Altitude Express, Inc., 883 F.3d 100, 108 (2d Cir. 2018) (en banc).

DCA proposes to amend Section 6-03(b) to add to the list of provisions of Title 6 of the Rules for which the opportunity to cure a first-time violation is available.  Specifically, DCA proposes to add three employment agency related violations to the list: Sections 5-250 and 5-251, and Section 188 of the New York General Business Law. Section 189(5) of the New York General Business Law grants to DCA the discretion to make certain violations curable. 

Finally, DCA proposes to amend the employment agency penalty schedule in Section 6-59.  DCA proposes to indicate that first-time violations of certain provisions are curable.  DCA also proposes to change the maximum penalty for most employment agency violations pursuant to Section 189(5) of the New York General Business Law (NYGBL).  Conforming the penalties to NYGBL Section 189(5) will double first violations and first default amounts, and will increase by ten times the current amount for all subsequent violations and defaults.

 

Keywords:
Subject: 

.Amendment of Rules Governing Employment Agencies

Location: 
NYC Department of Consumer Affairs
42 Broadway 5th Floor
New York, NY 10004
Contact: 

Casey Adams, 212-436-0095, cadams@dca.nyc.gov.

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, January 9, 2019
Proposed Rules Content: 

 

Statement of Basis and Purpose of Proposed Rule

 

The Department of Consumer Affairs (“DCA”) performs approximately 70,000 inspections in New York City and processes approximately 105,000 customers at its licensing centers each year. Recently, DCA staff members have experienced incidents of harassing and menacing behavior in the course of performing duties for DCA. Some of this behavior required the engagement of the New York City Police Department, and some resulted in individuals being arrested or banned from doing business with DCA. These incidents negatively impact DCA’s ability to perform its legal mandates, including, among other things, licensing and inspecting businesses. These incidents are also wasteful of taxpayer dollars, as time must be diverted from DCA’s work to address them. 

 

DCA is proposing a new rule, Section 1-21 in Chapter 1 of Title 6 of the Rules of the City of New York, that would make it a violation to assault, menace, unlawfully imprison, or harass, or attempt to assault, menace, unlawfully imprison, or harass, any DCA employee. A violation of this rule would result in a penalty of a maximum of $500 pursuant to Section 20-104(e)(1) of the New York City Administrative Code, as well as the immediate suspension of any DCA license, subject to a prompt post-suspension hearing, at which DCA may request further suspension or revocation of the license.

 

Finally, this proposed rule would amend the License Enforcement Penalty Schedule in Section 6-11 of Chapter 6 of Title 6 of the Rules of the City of New York to add an entry for violations of the proposed Section 1-21. 

 

Sections 1043 and 2203(f) of the New York City Charter, and Sections 20-104(b) and 20-104(e) of the New York City Administrative Code authorize the Department of Consumer Affairs to promulgate these proposed rules.

 

Keywords:
Subject: 

.Injurious Conduct by Licensees

Location: 
NYC Department of Consumer Affairs
42 Broadway 5th Floor
New York, NY 10004
Contact: 

Casey Adams, 212-436-0095, cadams@dca.nyc.gov

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, December 13, 2018
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

DCA proposes to revise its rules to establish the community district caps required by Local Laws 144 and 146 of 2017 and create procedures that DCA would follow to accept applications for Tobacco Retail Dealer (“TRD”) and Electronic Cigarette Retail Dealer (“ECRD”) licenses under the community district caps. Local Law 144 of 2017 requires that ECRD licenses be capped at half the number of such licenses that have been issued on August 23, 2018, by community district. Local Law 146 of 2017 reduces the number of TRDs by capping the TRD licenses in each community district at half of the number of licenses that have been issued as of February 24, 2018. No new ECRD or TRD licenses will be issued in a community district until the total number of licenses decreases through attrition below the respective caps.

DCA’s authority for these rule is found in Sections 1043, 2203(c), 2203(f), and 2203(h)(1) of the City Charter, Section 20-104(e) of the Administrative Code of the City of New York, and Section 8 of Local Law 144 of 2017.

Keywords:
Subject: 

.Submission of Applications for Tobacco and Electronic Cigarette Retail Dealer Licenses

Location: 
NYC Department of Consumer Affairs
42 Broadway 5th Floor
New York, NY 10004
Contact: 

Casey Adams, 212-436-0095, cadams@dca.nyc.gov

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, December 5, 2018
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule 

The City Council enacted Local Law 47 for the Year 2016, adding a new Section 1049-b to Chapter 45-A of the New York City Charter that (i) permits city agencies that issue licenses, permits or registrations and issue notices of violation to deny an application for, or renewal of, any license, permit or registration and may suspend, terminate or revoke any license, permit or registration based on the failure to timely pay those civil penalties; (ii) directs such city agencies to promulgate rules to implement the authority granted by the Law; and (iii) instructs city agencies to explicitly include certain factors of consideration that shall be used to determine whether to deny, suspend, or revoke any license, permit or registration.

 

The Department of Consumer Affairs (“DCA”) proposes this rule to implement the authority granted by Local Law 47.  Specifically, the rule establishes DCA’s power to deny a new or renewal application and to revoke, suspend, cancel, or terminate any license, permit or registration for any license, permit or registration due to the non-payment of civil penalties imposed by OATH and ECB if a sister agency has provided DCA with the information necessary to do so.  Moreover, the rule outlines the factors that will be taken into consideration in making this determination, including the amount of time that has passed since the person failed to satisfy a judgment and the amount that is owed.

Sections 1043, 1049-b, 2203(c) and 2203(h)(1) of the New York City Charter, Section 20-104 of the New York City Administrative Code, and Section 3 of Local Law 47 of 2016 authorize DCA to make these proposed rules.

Keywords:
Subject: 

Amendment of rules regarding grounds for license suspension and revocation

Location: 
NYC Department of Consumer Affairs
42 Broadway 5th Floor
New York, NY 10004
Contact: 

Casey Adams, 212-436-0095, cadams@dca.nyc.gov

Download Copy of Proposed Rule (.pdf): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, December 3, 2018
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

First, DCA seeks to amend its penalty schedule for tobacco retail dealers at Section 6-12 of Subchapter B, Chapter 6, of Title 6 of the Rules of the City of New York by adding a penalty provision for violations of 24 RCNY § 13-03.  The Department of Health and Mental Hygiene recently adopted rules related to the price floors for certain tobacco products and non-tobacco shisha.  These rules can be found at Sections 13-02 to 13-03 of Title 24 of the Rules of the City of New York.  DCA will be enforcing these new rules.  The penalties for violations of these rules are provided by Section 17-176.1(f) of Title 17 of the New York City Administrative Code.  

Second, DCA seeks to amend the penalty schedule for electronic or home appliance service dealers located at Section 6-31 of Subchapter B of Chapter 6 of Title 6 of the Rules of the City of New York.  Recently, DCA amended Section 2-253 of Title 6 of the Rules of the City of New York to eliminate a violation relating to electronic and home appliance service dealers, which was set forth as 6 RCNY § 253(a)(3).  DCA now seeks to update the penalty schedule to incorporate this recent change by deleting the reference to that repealed provision and updating the penalty schedule to reflect the renumbering of the required notice provision.

Third, DCA seeks to amend the penalty schedule for the consumer protection law located at Section 6-47 of Subchapter B of Chapter 6 of Title 6 of the Rules of the City of New York.  This penalty schedule should contain an entry for violations of Part 7 of Subchapter A of Chapter 5 of the Rules of the City of New York relating to sales and discounts – namely, 6 RCNY § 5-87 through 6 RCNY § 5-103.  The penalties for such violations are contained in Section 20-703(a) of the New York City Administrative Code.

Fourth, DCA seeks to amend the penalty schedule for public safety violations located at Section 6-61 of Subchapter B of Chapter 6 of Title 6 of the Rules of the City of New York.  This penalty schedule should contain an entry for violations of Section 10-117(d) of the Administrative Code, which prohibits displaying aerosol spray paint cans, broad tipped indelible markers or etching acid.  The penalties for such violations are contained in Section 10-117(g), and DCA’s authority to enforce is contained in Section 10-117(h).

Finally, Local Law 142 of 2013 amended Title 16 of the New York City Administrative Code to restrict the sale of certain expanded polystyrene items.  Local Law 142 grants to the Department, among others, the power to enforce these restrictions.  To implement Local Law 142, DCA seeks to add a new rule, Section 6-70, to Subchapter B, Chapter 6, of Title 6 of the Rules of the City of New York, to establish fixed penalties for violations of this law. 

DCA’s authority for these rules is found in Sections 1043, 2203(f), and 2203(h)(1) of the New York City Charter, and Sections 10-117, 16-329(g), 17-176.1(g), 20-104(b), 20-418, and 20-702 of the New York City Administrative Code. 

This proposed rule is not subject to analysis under section 1043(d) of the Charter, pursuant to section 1043(d)(4)(ii).

Keywords:
Subject: 

Amendment of Consumer Affairs Penalty Schedule

Location: 
NYC Department of Consumer Affairs
42 Broadway 5th Floor
New York, NY 10004
Contact: 

Casey Adams, 212-436-0095, cadams@dca.nyc.gov

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, November 26, 2018
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

Working with the City’s rulemaking agencies, the Law Department, the Office of Management and Budget, and the Office of Operations conducted a retrospective rules review of the City’s existing rules, identifying rules that should 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 review identified that certain rates prescribed in Title 6, Section 2-368 of the Rules of the City of New York were inconsistent with the rates required in Subchapter 31 of Title 20 of the New York City Administrative Code. Specifically, Sections 20-509 and 20-509.1 dictate specific charges for the towing and storage of vehicles that are different than rates provided in Section 2-368. The Department of Consumer Affairs is proposing to amend Section 2-368, to correct this inconsistency. This proposed amendment would also remain consistent with Title 34, Section 4-07(i)(3) of the Rules of the City of New York, which is a Department of Transportation rule that references Section 2-368. 

This proposed rule would also amend the subdivision regarding the liability insurance that applicants for a tow license must carry. The Law Department recommended to DCA that references to “personal injury” in Section 2-362(d) be changed to “injury”. This recommendation was made to align the text of this rule with the common usage in the insurance industry. Commercial automobile insurance policies typically do not use the phrase “personal injury” and instead use “bodily injury.” Use of “injury” without qualification in this proposed rule will ensure that applicants obtain sufficient liability insurance policies.  

Sections 1043 and 2203(f) of the New York City Charter and Section 20-525 of the New York City Administrative Code authorize the Department of Consumer Affairs to make these proposed amendments.

Keywords:
Subject: 

.Amendment of Rules Governing Tow Operators

Location: 
NYC Department of Consumer Affairs
42 Broadway Floor 5
New York, NY 10004
Contact: 

Casey Adams, 212-436-0095, cadams@dca.nyc.gov

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, November 13, 2018
Proposed Rules Content: 

Statement of Basis and Purpose of Proposed Rule

The Department of Consumer Affairs (“DCA”) licenses and regulates 55 different categories of businesses and individuals pursuant to Section 2203(c) of the New York City Charter and Title 20 of the New York City Administrative Code.  In 2017, DCA received over 20,000 applications across those license categories.  DCA is required to perform individual review and processing of each application.  This proposed rule would prohibit any person whose application is denied or whose license is revoked from applying for the same license again for a period of one year.  The prohibition would only apply if the application was denied or the license was revoked because the applicant concealed information, made a false statement, or falsified or allowed to be falsified any certificate, form, signed statement, application or report required to be filed with DCA.  This proposed rule is necessary to conserve DCA’s limited resources.  A repeat application within one year is wasteful.  Additionally, allowing a repeat application after an applicant has lied undermines the benefit of requiring applicants to provide truthful information.

DCA’s authority for these rules is found in Sections 1043 and 2203(f) of the New York City Charter and Section 20-104(b) of the New York City Administrative Code.  

Keywords:
Subject: 

.

Location: 
NYC Department of Consumer Affairs
42 Broadway 5th Floor
New York, NY 10004
Contact: 

Casey Adams, 212-436-0095, cadams@dca.nyc.gov

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

Statement of Basis and Purpose of Rules

These rules were proposed on June 29, 2018. The required public hearing was held on July 30, 2018. The Department of Consumer Affairs received public comments on the proposed rules. As a result of those comments, the rules were amended as follows:

  • § 7-106 was amended to read “full hourly minimum wage
  • § 7-108 was amended to read

Taking an adverse action includes, but is not limited to threatening, intimidating, disciplining, discharging, demoting, suspending, or harassing an employee, reducing the hours of pay of an employee, informing another employer than an employee has engaged in activities protected by the OLPS laws and rules, discriminating against the employee, including actions related to perceived immigration status or work authorization, and maintenance or application of an absence control policy that counts protected leave as an absence that may lead to or result in an adverse action.

  • § 7-201(b) was amended to add “Such person may be considered an employee under the Earned Safe and Sick Time Act and this subchapter.”

In March 2016, the Mayor signed into law local law 104 of 2015, which enacted section 20-a of the New York City Charter, establishing the Office of Labor Standards (herein referred to as “Office of Labor Policy and Standards” or “OLPS”). The Mayor designated the Department of Consumer Affairs as the agency in which OLPS would be established. Pursuant to Section 20-a of the New York City Charter, OLPS is tasked with, among many things, enforcing municipal labor laws, such as the Earned Sick Time Act, Chapter 8 of Title 20 of the Administrative Code of the City of New York, the Mass Transit Benefits Law, Chapter 9 of Title 20 of the Administrative Code of the City of New York, the Grocery Workers Retention Law, section 22-507of the Administrative Code of the City of New York, the Fair Workweek Law, Chapter 12 of Title 20 of the Administrative Code of the City of New York, and the Deductions Law, Chapter 13 of Title 20 of the Administrative Code of the City of New York.

These rules amend Chapter 7 of Title 6 of the Rules of the City of New York to establish uniform practices and procedures for the enforcement of the laws enforced by OLPS, where possible. Specifically, these rules:

  • Contain a definitions section applicable to certain rules and laws enforced by OLPS.
  • Mandate that the rules shall be liberally construed to accomplish the OLPS mandate in Section 20-a of the Charter, with the understanding that they do not supersede any other provision of the OLPS laws and rules, the Freelancers Law and rules, or the Transportation Benefits Law and rules.
  • Contain a severability clause that, in the event any provision is deemed invalid or inapplicable in a particular circumstance, maintains the validity and applicability of the remaining rules.
  • Clarify that OLPS resources and the rights protected by OLPS extend to persons regardless of immigration status.
  • Clarify that OLPS will maintain confidential the identity of complainants and witnesses to the extent possible.
  • Clarify that joint employers are individually and jointly liable for violations of laws enforced by OLPS and satisfaction of fines and restitution.
  • Clarify how employers in a joint employer relationship should determine the number of employees they have.
  • Clarify how to calculate lost earnings for the calculation of damages when an employee is paid a flat rate or performs more than one job for the same employer.
  • Clarify how employers must satisfy any obligation to post a notice or other writing required by the laws enforced by OLPS.
  • Define what may constitute retaliation, including adverse actions taken by employers against employees.
  • Clarify that both direct and indirect evidence are acceptable to establish a causal connection between an adverse action and the exercise, attempted exercise, or anticipated exercise of rights.
  • Clarify that the burden of proof for retaliation is whether protected activity was a “motivating factor” for an adverse action.
  • Clarify the procedures for investigations of alleged violations of laws enforced by OLPS.
  • Clarify that OLPS may issue a notice of violation for failure to comply with a request for information.
  • Clarify what constitutes proper service of process.
  • Clarify that a failure to maintain records creates an inference in favor of OLPS.
  • Clarify that a policy or practice that denies a right established or protected by the laws enforced by OLPS constitutes a violation of the applicable provision of the OLPS law or rule for each employee subjected to the policy or practice.
  • Harmonize the Displaced Grocery Worker Rules with new Rules for the Office of Labor Policy and Standards.
  • Delete the definition of “appropriate notice,” contained in the Displaced Grocery Worker rules, which is revised and included in the rules for the Office of Labor Policy and Standards.
  • Delete provisions regarding the posting of notice of change in control by incumbent grocery employers in the Displaced Grocery Worker rules, which is revised and included in the rules for the Office of Labor Policy and Standards.
  • Delete provisions regarding enforcement procedures contained in the Displaced Grocery Worker rules, which are included in the rules for the Office of Labor Policy and Standards.
  • Place the Transportation Benefits rules in Subchapter C of Chapter 7 and renumber the rules accordingly.
  • Place the Freelance Worker rules in Subchapter E of Chapter 7 and renumber the rules accordingly.
  • Correct a typo in the Deductions rules, contained in Subchapter G of Chapter 7.

Additionally, these rules clarify parts of the Earned Safe and Sick Time Act, Specifically, these rules:

  • Include references to safe time, including adding “safe” to the definitions section.
  • Clarify that the definition of domestic worker as contained in the Earned Safe and Sick Time Act is limited to employees who are solely and directly employed by individuals or private families for domestic work and does not include workers who are employed, solely or jointly, by agencies.
    • When enacting the Earned Sick Time Act, the City Council relied on a definition of domestic worker from section 2 of the state Labor Law, which, at the time, only included employees of individual households. The state Labor Law’s definition exempts workers employed by agencies or other third-party employers who provide companionship services, as defined by federal regulations issued pursuant to the Fair Labor Standards Act (FLSA). Subsequent to the enactment of the Earned Sick Time Act, the definition of “companionship services” contained in the FLSA regulation was changed to extend the minimum wage and overtime protections of the FLSA to more workers, including home health aides employed by agencies. This change created ambiguity in the definition of “domestic worker” under the city’s Earned Sick Time Act.
    • The legislative history of the Earned Sick Time Act makes clear that the City Council intended only employees of individual households to be covered by the definition of “domestic worker.” The clarification made by this rule will preserve that legislative intent.
    • A narrow definition of domestic worker is consistent with enhancing and expanding rights—safe and sick leave as well as other labor rights—to workers historically excluded from protections because a narrow definition of “domestic worker” means that more workers are included in the group of workers that receives a full forty hours of paid safe and sick time per year.
  •  Delete the definition of “temporary help firm,” which is in substance included in the rules for the Office of Labor Policy and Standards.
  • Delete the rule about joint employers, which is revised and included in the rules for the Office of Labor Policy and Standards.
  • Delete the rule that protections of the Earned Sick Time Act extend to all workers, regardless of immigration status, which is revised and included in the rules for the Office of Labor Policy and Standards.
  • Delete provisions about how to calculate payment for sick time when an employee is paid on a piecework basis.
  • Add a provision about how to calculate payment for sick time when an employee is paid a flat rate.
  • State that an employer’s written sick time policies must be contained in one writing and they must be distributed, rather than posted or distributed, to employees.
  • Clarify that an employer that provides paid time off (PTO) for use as sick time must state so in its written policy.
  • Clarify that a Department writing does not constitute an employer’s written sick time policy.
  • Delete the procedures by which the Department may file a notice of hearing for an employer’s failure to respond to a notice of investigation and request for information, which is revised and included in the rules for the Office of Labor Policy and Standards.
  • Delete the enforcement procedures, which are revised and included in the rules for the Office of Labor Policy and Standards.
  • Delete the retaliation provisions, which are revised and included in the rules for the Office of Labor Policy and Standards.

Sections1043, 2203(f), 20-a oftheNewYorkCityCharter and chapters 8, 9, 12, and 13 of Title 20 and section 22-507 of the New York City Administrative Code authorize the Department of Consumer Affairs OLPS to make these rules.

Effective Date: 
Thu, 09/20/2018

Adopted Rules: Closed to Comments

Adopted Rules Content: 

City of New York

Office of Administrative Trials and Hearings

Environmental Control Board

Notice of Promulgation of Rule

NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED in the Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) in accordance with Sections 1049-a and 1043 of the New York City Charter. OATH ECB repeals its General Vendor Penalty Schedule rule in Section 3-109 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York. The proposed rule repeal was published in The City Record on July 6, 2018, and a public hearing was held on August 6, 2018. 

No one attended or testified at the public hearing concerning this rule repeal and OATH did not receive any written comments. 

Statement of Basis and Purpose of Rule

The Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) repeals its General Vendor Penalty Schedule rule.  This schedule is found in § 3-109 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 Subchapter 27 of Chapter 2 of Title 20 of the Administrative Code of the City of New York and Subchapter AA of Chapter 2 of Title 6 of the RCNY. At the same time, the Department of Consumer Affairs adopts a rule, adding a similar penalty schedule to Section 6-68 of Subchapter B of Chapter 6 of Title 6 of the RCNY.

The context for this 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 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 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 rule repeal was identified as meeting the criteria for this initiative.

Section 1. Section 3-109 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York, setting forth the General Vendor Penalty Schedule, is REPEALED.

Effective Date: 
Fri, 10/12/2018

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