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Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, September 10, 2019
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 Hazardous Substances Emergency Response Law (Hazardous Materials) Penalty Schedule. This rule is currently found in Section 3-111 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY).  It contains penalties for violations of Chapter 6 of Title 24 of the Administrative Code.  DEP is proposing the adoption of substantially all of OATH’s Hazardous Materials Penalty Schedule into a new Chapter 59 of Title 15 of the RCNY. 

OATH ECB is currently in the process of repealing all penalty schedules in its rules, codified in Subchapter G of Chapter 3 of Title 48 of the RCNY, with the intent that the penalty schedules be incorporated into the rules of the applicable agencies. This is being done because it is the agencies, not OATH ECB, that possess the rule- and policy-making authority over the laws which underlie the violations detailed in the penalty schedules. In addition, such repeals will serve OATH’s core function as an adjudicatory body, as well as help to alleviate any false public perceptions that OATH is an enforcement agency, rather than a neutral arbiter.

Although OATH ECB is empowered to impose penalties under the New York City Charter and has, until now, promulgated penalty schedules, the City’s regulatory and enforcement agencies have the necessary expertise to determine appropriate penalties for violations of their own rules and laws, based on the severity of each violation and its effect on City residents.  The shifting of penalty schedules from OATH ECB to the rules of the enforcement agency will also make it easier for the public to find these penalties, as they will be located within the same chapter as the agency rules that support the violations alleged in their summonses. Finally, the proposed rule repeal will speed up the rulemaking process by eliminating the need for OATH ECB to approve proposed or amended penalties for agency rules that have already been adopted by the City legislature and/or completed the steps required by the City Administrative Procedure Act (CAPA), during which the public still has the opportunity to comment on proposed penalties.

Working with the City’s rulemaking agencies, the NYC Law Department, the Mayor’s Office of Management and Budget, and the Mayor’s Office of Operations conducted a retrospective 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 increase public understanding and compliance. OATH’s proposed rule repeal was identified as meeting the criteria for this initiative.

 

Subject: 

Proposed Repeal of OATH Hazardous Materials Penalty Schedule

Location: 
Office of Administrative Trials and Hearings, 10th Floor Conference Room
66 John Street
New York, NY 10038
Contact: 

Nicholas Dietz
212-933-3005
NDietz@oath.nyc.gov

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 5 of title 48 of the Rules of the City of New York to incorporate the requirements set forth in the recently added chapter 10 of title 19 of the Administrative Code of the City of New York, regarding certain procedures to be followed at the OATH Hearings Division in adjudicating summonses issued by the Taxi and Limousine Commission (TLC).  The proposed rule was published in The City Record on May 6, 2019, and a public hearing was held on June 5, 2019. 

Mr. Peter M. Mazer, Esq., General Counsel of the Metropolitan Taxicab Board of Trade, provided testimony at the public hearing concerning the use of videoconferencing for hearings on summonses issued by the TLC, the TLC Chairperson’s review of mitigated penalties, and the timeliness requirements of respondent appearances.  As a result of his testimony, OATH amended sections 5-01a(c) and 5-06(c)(3) to reflect the requirements in Administrative Code sections 19-1003(c) and 19-1005.

Statement of Basis and Purpose of Final Rule

The City of New York recently enacted Local Law 19 of 2019, creating special procedures for the Office of Administrative Trials and Hearings (OATH) in adjudicating summonses issued by the Taxi and Limousine Commission (TLC).  This rule incorporates these new procedures into chapter 5 of title 48 of the Rules of the City of New York, the chapter of OATH’s Hearings Division rules solely applicable to TLC-related hearings.  OATH makes the following changes to chapter 5 of title 48: new section 5-01a; new subdivision (a) of section 5-04; an amendment to the title of subdivision (a) of section 5-05; and new subdivision (c) of section 5-06.  

New section 5-01a specifies the times by which a Respondent and a Petitioner must appear at a scheduled OATH hearing in order to constitute an appearance and the consequences for failing to appear in a timely manner.

New subdivision (a) of section 5-04 sets a fifty (50) day time limit to appeal a Hearing Officer’s underlying decision in cases in which the Hearing Officer has reduced the TLC penalty in order to allow such appellants sufficient time to file an appeal with OATH after the TLC Chairperson issues a determination on the Hearing Officer’s penalty reduction. 

The amended title of subdivision (a) of section 5-05, “Scope of Review of Appeals Unit Decisions,” clarifies that this subdivision, which relates to the review authority of the TLC Chairperson, only applies to decisions of the Appeals Unit. 

New subdivision (c) of section 5-06 grants Hearing Officers the discretion to decrease the penalties imposed for TLC violations if, upon consulting a list of factors, the Hearing Officer determines that a reduction of the penalty would be in the interest of justice.  The same subdivision also makes clear that the Chairperson of the TLC may reinstate the full penalty or increase the penalty that the Hearing Officer had reduced. 

This rule was not included in OATH’s regulatory agenda for this Fiscal Year as the underlying legislation was not anticipated by OATH.

Effective Date: 
Fri, 07/19/2019

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: 
Wednesday, June 5, 2019
Proposed Rules Content: 

The City of New York recently enacted Local Law 19 of 2019, creating special procedures for the Office of Administrative Trials and Hearings (OATH) in adjudicating summonses issued by the Taxi and Limousine Commission (TLC).  The rule proposed by OATH incorporates these new procedures into chapter 5 of title 48 of the Rules of the City of New York, the chapter of OATH’s Hearings Division rules solely applicable to TLC-related hearings.  OATH proposes the following changes to chapter 5 of title 48: new section 5-01a; new subdivision (a) of section 5-04; an amendment to the title of subdivision (a) of section 5-05; and new subdivision (c) of section 5-06.  

Proposed new section 5-01a specifies the times by which a Respondent and a Petitioner must appear at a scheduled OATH hearing in order to constitute an appearance and the consequences for failing to appear in a timely manner.

Proposed new subdivision (a) of section 5-04 would set a fifty (50) day time limit to appeal a Hearing Officer’s underlying decision in cases in which the Hearing Officer has reduced the TLC penalty in order to allow such appellants sufficient time to file an appeal with OATH after the TLC Chairperson issues a determination on the Hearing Officer’s penalty reduction. 

The proposed amended title of subdivision (a) of section 5-05, “Scope of Review of Appeals Unit Decisions,” would clarify that this subdivision, which relates to the review authority of the TLC Chairperson, only applies to decisions of the Appeals Unit. 

Proposed new subdivision (c) of section 5-06 would grant Hearing Officers the discretion to decrease the penalties imposed for TLC violations if, upon consulting a list of factors, the Hearing Officer determines that a reduction of the penalty would be in the interest of justice.  The same subdivision also makes clear that the Chairperson of the TLC may reinstate the full penalty or increase the penalty that the Hearing Officer had reduced. 

This proposed rule was not included in OATH’s regulatory agenda for this Fiscal Year as the underlying legislation was not anticipated by OATH.

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): 

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, June 5, 2019
Proposed Rules Content: 

City of New York

Office of Administrative Trials and Hearings

Environmental Control Board

 

Notice of Public Hearing and Opportunity to Comment on Proposed Rule

What are we proposing? The Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) proposes to repeal in their entirety the following penalty schedules: the Recycling – Sanitation Collection Rules Penalty Schedule, the Sanitation Asbestos Rules Penalty Schedule, the Sanitation Penalty Schedule, and the Vehicle and Traffic Law Penalty Schedule. These schedules are located in Sections 3-120, 3-121, 3-122, and 3-125 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY), and contain penalties for summonses issued by the New York City Department of Sanitation (DSNY). OATH ECB also proposes to repeal certain provisions of its Environmental Conservation Law Penalty Schedule (48 RCNY § 3-105) and its Public Safety Graffiti Penalty Schedule (48 RCNY § 3-119), which are also enforced by DSNY. DSNY is proposing a related rule with a penalty schedule incorporating the violations from the above-referenced penalty schedules that do not have fixed penalties in the Administrative Code of the City of New York.  

When and where is the Hearing? OATH ECB will hold a public hearing on the proposed rule. The public hearing will take place from 10:00 a.m. through 11:00 a.m. on June 5, 2019. The hearing will be in the OATH 10th Floor Conference Room located at 66 John Street, 10th Floor, New York, NY 10038.

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 (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 OATH at (212) 436-0708, or you can also sign up in the hearing room before the hearing begins on June 5, 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 June 5, 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 call OATH by telephone at (212) 436-0708 to request a reasonable accommodation. Advance notice is requested to allow sufficient time to arrange accommodations.  Please tell us by May 29, 2019.

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

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 ECB to make this rule? Section1049-a of the New York City Charter (City Charter) authorizes OATH ECB to make this proposed rule. This proposed rule is included in OATH’s regulatory agenda for this Fiscal Year.

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

What laws govern the rulemaking process? OATH ECB 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-a of the City Charter.

Statement of Basis and Purpose of Proposed Rule

The Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) proposes to repeal in their entirety the following penalty schedules:

  •          Recycling – Sanitation Collection Rules Penalty Schedule (48 RCNY § 3-120). This penalty schedule contains recycling violations of sections 1-08, 1-09, and 1-10 of Title 16 of the RCNY applicable to residential premises, city agencies and institutions, and private carter-collected waste.  This penalty schedule also contains a violation of section 16-324(a) of the Administrative Code of the City of New York (Administrative Code) concerning repeat recycling violations.
  •          Sanitation Asbestos Rules Penalty Schedule (48 RCNY § 3-121). This penalty schedule contains violations of Chapter 8 of Title 16 of the RCNY relating to the storage, transportation, and disposal of waste containing asbestos.
  •          Sanitation Penalty Schedule (48 RCNY § 3-122). This penalty schedule contains violations of Titles 10 and 16 of the Administrative Code; Chapters 1, 3, 4, 5, 11, and 17 of Title 16 of the RCNY; and section 397-a of the New York State General Business Law.
  •          Vehicle and Traffic Law Penalty Schedule (48 RCNY § 3-125). This penalty schedule contains violations of New York State Vehicle and Traffic Law, relating to abandoning a vehicle and the illegal placement of handbills on windshields or under windshield wipers of vehicles.

OATH ECB proposes to repeal from the Public Safety Graffiti Penalty Schedule (48 RCNY § 3-119) the violation of Administrative Code section 10-117.3(b) for failure to remove graffiti. OATH ECB also proposes to repeal from Environmental Conservation Law Penalty Schedule (48 RCNY § 3-105) the violation of New York State Environmental Conservation Law section 27-1701(3) for improper disposal of a lead acid battery.

DSNY is proposing a related rule with a penalty schedule that incorporates the violations in the above-referenced penalty schedules that do not have fixed penalties in the Administrative Code, and instead have range penalties.  DSNY is not incorporating violations into its proposed rule that have fixed penalties in the Administrative Code. 

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 authority over the laws underlying the violations. Such repeals will also serve OATH’s core function of adjudication and help alleviate the false public perception that OATH is an enforcement agency, rather than a neutral tribunal.

Although OATH ECB is empowered to impose penalties under the New York City Charter and has until recent years 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 Recycling – Sanitation Collection Rules Penalty Schedule rule, found in Section 3-120 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York, is REPEALED.

§ 2. The Sanitation Asbestos Rules Penalty Schedule rule, found in Section 3-121 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York, is REPEALED.

§ 3. The Sanitation Penalty Schedule rule, found in Section 3-122 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York, is REPEALED.

§ 4. The Vehicle and Traffic Law Penalty Schedule rule, found in Section 3-125 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York, is REPEALED.

§ 5. The Public Safety Graffiti Penalty Schedule, found in Section 3-119 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York, is amended by repealing the following entry:

 

Section/Rule

Description

Penalty

Default

[A.C. 10-117.3(b)

Failure to remove graffiti

150

300]

 

§ 6. The Environmental Conservation Law Penalty Schedule, found in Section 3-105 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York, is amended by repealing the following entry:

 

Section/Rule

Description

Penalty

Default

[NYS Env. Cons. Law 27-1701(3)

Improper disposal of lead acid battery

50

50]

 

 

Subject: 

.

Location: 
OATH ECB 10th Floor Conference Room
66 John Street, 10th Fl. 10th Floor Conference Room
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

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. Effective June 1, 2019, OATH ECB repeals its Sewer Control Penalty Schedule rule, found in Section 3-123 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 August 31, 2018, and a public hearing was held on October 3, 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 Final Rule

The Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) repeals its Sewer Control Penalty Schedule rule. This schedule is found in Section 3-123 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY). The Sewer Control Penalty Schedule contains penalties for summonses issued by the Department of Environmental Protection (DEP) for violations of Chapter 5 of Title 24 of the Administrative Code of the City of New York and Chapter 19 of Title 15 of the RCNY. This penalty schedule provides penalties for violations relating to the construction and regulation of public sewers, including unauthorized discharge into public sewers. DEP is promulgating a related rule adding a similar Sewer Control Penalty Schedule to its rules with an effective date of June 1, 2019.

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 authority over the laws underlying the violations. Such repeals will also serve OATH’s core function of adjudication and help alleviate the false public perception that OATH is an enforcement agency, rather than a neutral tribunal.

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 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. The Sewer Control Penalty Schedule rule, found in Section 3-123 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York, is REPEALED effective June 1, 2019.

 

Effective Date: 
Sat, 06/01/2019

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) in accordance with Sections 1049 and 1043 of the New York City Charter that OATH amends sections 3-15 and 3-16 of subchapter A of chapter 3 of title 48 of the Rules of the City of New York, concerning the appellate procedures that apply to proceedings conducted by OATH pursuant to § 1049-a of the New York City Charter. The proposed rule was published in The City Record on January 22, 2019, and a public hearing was held on February 21, 2019. 

No one testified at the public hearing concerning this rule and OATH did not receive any written comments. OATH made no additional amendments to the rule.

Statement of Basis and Purpose of Final Rule

The Office of Administrative Trials and Hearings (OATH) amends sections 3-15 and 3-16 of subchapter A of chapter 3 of title 48 of the Rules of the City of New York, concerning the appellate procedures that apply to proceedings conducted by OATH pursuant to § 1049-a of the New York City Charter. The amendments to subdivision a of section 3-15 clarify that, unless a request for a superseding appeal is timely filed, appeals decisions issued by OATH’s Environmental Control Board are final determinations of the Tribunal subject to judicial review pursuant to Article 78 of the Civil Practice Law and Rules (CPLR).  The amendments to subdivision b of section 3-15 explain that: (1) a request for a superseding appeal must be served upon the non-requesting party; (2) a decision denying a request for a superseding appeal incorporates by reference the initial appeals decision while a decision granting a request for a superseding appeal vacates the initial appeals decision; and (3) a superseding appeals decision granting or denying a request for a superseding appeal is the final determination of the Tribunal subject to judicial review pursuant to Article 78 of the CPLR.

The amendments to the title of section 3-16 clarify that this section provides the procedure for seeking judicial review when the board has either not issued an appeals decision after 180 days from the filing of an appeal, or has not issued a superseding appeals decision after 180 days from requesting a superseding appeal.  These amendments also provide a more organized explanation of the conditions necessary to rely upon the recommended decision as a final determination. 

New material is underlined.

[Deleted material is in brackets.]

Section 1. Sections 3-15 and 3-16 of chapter 3 of title 48 of the Rules of the City of New York are amended to read as follows:

§ 3-15 Panel or Board Review of Appeals.

(a) The Board will establish panels from among its members to review recommended decisions [issued] prepared by the Appeals Unit pursuant to § 6-19(e), and to issue appeals decisions. A panel may refer a case to the Board for review if the panel is unable to reach a decision. Such case will be considered by the Board and the Board will issue [a] anappeals decision.  Unless a party files a request pursuant to subdivision (b) of this section, the appeals decision of the panel or the Board will be deemed to have been issued by, and become the final [decision] determination of[,] the Board, which is also a final determination of the Tribunal. [The Board’s final decision is also the final decision of the Tribunal] Judicial review of such determination may be sought pursuant to Article 78 of the New York Civil Practice Law and Rules (CPLR).

(b) Superseding appeals decisions. Within 10 days of the mailing of the Board’s appeals decision, a party may apply to the Board for a superseding appeals decision to correct ministerial errors or errors due to mistake of fact or law. The request for a superseding appeals decision must be served upon the non-requesting party. A decision denying a request for a superseding appeal incorporates by reference the initial appeals decision. A decision granting a request for a superseding appeal vacates the initial appeals decision. This superseding appeals decision will become the final [decision] determination of the Board, which is also the final determination of the Tribunal. [The Board’s final decision is also the final decision of the Tribunal] Judicial review of such determination may be sought pursuant to Article 78 of the CPLR 

§ 3-16 Judicial Review [of] When Board Decision[s]is Delayed.

(a) If [a Respondent appeals and] the Board has not issued [a final] an appeals decision within 180 days from the filing of the appeal, or if the Board has not issued a superseding appeals decision within 180 days from the request for superseding appeal, the Respondent may at any time file a petition seeking judicial review of the Hearing Officer’s recommended decision pursuant to Article 78 of the New York Civil Practice Law and Rules (CPLR).  Such Respondent may rely on the recommended decision of the Hearing Officer as the final [decision] determination of the Board, provided that the following three conditions are met: 

(1) at least forty-five days before the filing of such petition, the Respondent files with the Board written notice of the Respondent’s intention to file the Article 78 petition;

(2) [the Board has still not issued a final decision when the Respondent files the petition] the Respondent serves and files the Article 78 petition on the Board pursuant to the CPLR; and

 (3) [the Respondent serves the petition on the Board pursuant to the CPLR] the Board has not issued an appeals decision or, if applicable, a superseding appeals decision at the time of filing the petition.

(b) The Board may issue a final [decision] determination after a Respondent files with the Board written notice of intention to file a petition for judicial review under subdivision (a) and before the Respondent has filed the petition.

Effective Date: 
Sat, 04/06/2019

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 Community Right-To-Know Penalty Schedule rule, found in Section 3-104 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 August 31, 2018, and a public hearing was held on October 3, 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 Final Rule

The Office of Administrative Trials and Hearings’ Environmental Control Board (OATH ECB) repeals its Community Right-To-Know Penalty Schedule rule. This schedule is found in § 3-104 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 the Community Right-To-Know Law, codified in Chapter 7 of Title 24 of the Administrative Code of the City of New York. This penalty schedule provides the penalties for violations relating to the siting and storage of hazardous substances stored in portable containers. The Department of Environmental Protection (DEP) is promulgating a related rule adding a similar Community Right-To-Know Penalty Schedule to Chapter 41 of Title 15 of the RCNY, including one new violation of 15 RCNY § 41-14.

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 authority over the laws underlying the violations. Such repeals will also serve OATH’s core function of adjudication and help alleviate the false public perception that OATH is an enforcement agency, rather than a neutral tribunal.

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 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. The Community Right-To-Know Penalty Schedule rule, found in Section 3-104 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York, is REPEALED.

 

 

 

 

 

Effective Date: 
Wed, 03/06/2019

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Thursday, February 21, 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 sections 3-15 and 3-16 of subchapter A of chapter 3 of title 48 of the rules of the city of New York, concerning the appellate procedures that apply to proceedings conducted by OATH pursuant to § 1049-a 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. through 11:00 a.m. on February 21, 2019. The hearing will be in the OATH Conference Room located at 66 John Street, 10th Floor, New York, NY 10038.

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

  • Website.  You can submit comments to OATH through the NYC rules website at http://rules.cityofnewyork.us/.
  • Email.  You can email written comments to Rules_Oath@oath.nyc.gov.
  • 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 OATH at 212-436-0708, or you can also sign up in the hearing room before the hearing begins on February 21, 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 February 21, 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. Advance notice is requested to allow sufficient time to arrange the accommodation. Please tell us by February 14, 2019.

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

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-a 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 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-a of the City Charter.

Statement of Basis and Purpose of Proposed Rule

The Office of Administrative Trials and Hearings (OATH) proposes to amend sections 3-15 and 3-16 of subchapter A of chapter 3 of title 48 of the Rules of the City of New York, concerning the appellate procedures that apply to proceedings conducted by OATH pursuant to § 1049-a of the New York City Charter. The amendments to subdivision a of section 3-15 clarify that, unless a request for a superseding appeal is timely filed, appeals decisions issued by OATH’s Environmental Control Board are final determinations of the Tribunal subject to judicial review pursuant to Article 78 of the Civil Practice Law and Rules (CPLR).  The amendments to subdivision b of section 3-15 explain that: (1) a request for a superseding appeal must be served upon the non-requesting party; (2) a decision denying a request for a superseding appeal incorporates by reference the initial appeals decision while a decision granting a request for a superseding appeal vacates the initial appeals decision; and (3) a superseding appeals decision granting or denying a request for a superseding appeal is the final determination of the Tribunal subject to judicial review pursuant to Article 78 of the CPLR.

The amendments to the title of section 3-16 clarify that this section provides the procedure for seeking judicial review when the board has either not issued an appeals decision after 180 days from the filing of an appeal, or has not issued a superseding appeals decision after 180 days from requesting a superseding appeal.  These amendments also provide a more organized explanation of the conditions necessary to rely upon the recommended decision as a final determination. 

This proposal was included in OATH’s FY 2018 and 2019 Regulatory Agendas.

Subject: 

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

OATH Rules, 212-436-0708

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