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Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

Statement of Basis and Purpose

 

Section 28-401.11 of the NYC Administrative Code states that, “All licenses issued by the commissioner for which an examination is required shall expire three years from the date of issuance thereof, and may be renewed every three years thereafter without examination…”  

 

Oil-burning equipment installers are one such license type. For such licensees, 1 RCNY 47-01 currently requires a biennial renewal fee of fifty dollars. However, licensees actually receive a triennial renewal for fifty dollars.

 

Since renewal applicants are being undercharged twenty-five dollars for each triennial renewal, the Department is hereby amending this rule to require a triennial renewal fee of seventy-five dollars.

 

In addition, the Department is hereby renumbering this rule section to bring it into conformance with the other rules that implement Chapter 4 of Title 28 of the NYC Administrative Code.

Effective Date: 
Thu, 07/31/2014

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

Statement of Basis and Purpose of Final Rule

 

The Environmental Control Board (“ECB”) held a Public Hearing on March 25, 2013 regarding fine increases to four charges contained in ECB’s Department of Transportation (DOT) Penalty Schedule found in Section 3-124 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York. A representative from the Department of Transportation attended the Public Hearing. Neither written comments nor oral testimony were presented at the March 25, 2013 Public Hearing concerning the Proposed Rule.

 

The existing fine structure for these charges is extremely low or inconsistent with similar charges within the fine structure. For this reason, there is little incentive for contractors or others to comply with the city’s laws and rules.

 

In addition, the penalties associated with these charges have remained unchanged since their creation. In some instances, the penalty for the violating condition is less than the expense of compliance. To serve as an effective deterrent, the fine structure must be greater than the cost of doing business.

 

For each of these charges, before issuing a violation, DOT will issue either a Commissioner’s Order to correct or a Corrective Action Request giving the responsible party 30 days to correct the violating condition. The penalties are within the statutory limits set forth in section 19-150 of the New York City Administrative Code.

 

 

Effective Date: 
Mon, 06/03/2013

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Monday, March 25, 2013
Proposed Rules Content: 

 

 

Statement of Basis and Purpose of Proposed Rule

 

 

The Environmental Control Board (“ECB”) is proposing fine increases to four charges currently contained in ECB’s Department of Transportation (DOT) Penalty Schedule. The existing fine structure for these charges is extremely low or inconsistent with similar charges within the fine structure. For this reason, there is little incentive for contractors or others to comply with the city’s laws and rules.

 

In addition, the penalties associated with these charges have remained unchanged since their creation. In some instances, the penalty for the violating condition is less than the expense of compliance. To serve as an effective deterrent, the fine structure must be greater than the cost of doing business.

 

For each of these charges, before issuing a violation, DOT will issue either a Commissioner’s Order to correct or a Corrective Action Request giving the responsible party 30 days to correct the violating condition. The proposed penalties are within the statutory limits set forth in section 19-150 of the New York City Administrative Code.

 

 

Subject: 

Opportunity to comment on proposed rule regarding amendments to the Department of Transportation (DOT) Penalty Schedule for offenses adjudicated by the Environmental Control Board (ECB).

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

James Macron
Counsel to the Board
ECB
66 John Street
10th Floor
New York, N.Y. 10038
(212) 361-1515

Download Copy of Proposed Rule (.pdf):