Title 48 of the RCNY Subscribe to RSS - Title 48 of the RCNY

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 Department of Parks and Recreation Penalty Schedule in Section 3-116 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 December 22, 2016, and a public hearing was held on January 24, 2017. 

 

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

 

Statement of Basis and Purpose

 

OATH’s Environmental Control Board (OATH ECB) is centralizing and streamlining its hearings to make it more efficient for the public to have their cases heard.  As part of this process, OATH ECB is repealing agency penalties from its rules so that they can be relocated within the rules of the regulatory and enforcement agencies that enforce the violations of rules and laws within their jurisdiction.  This shift will help clarify to the public that OATH ECB is a neutral third party that hears and tries cases brought by other City agencies and is not an enforcement agency.

 

In this case, the Department of Parks and Recreation (DPR) is enacting a penalty schedule within its own rules (to be located at 56 RCNY 1-07).  Moving the Penalty Schedule to Chapter 56 of the Rules of the City of New York, entitled “Department of Parks and Recreation,” makes it easier for the public to find the penalties, which, with one exception in the New York City Administrative Code, will be located within the same chapter as the violations alleged in the summonses.

 

The change effected by the rule repeal also places the responsibility for determining penalty amounts on the DPR, which has the necessary expertise to establish appropriate penalties based on the severity of each violation and its effect on park property and park users.

 

Furthermore, the rule repeal speeds up the rulemaking process by removing the need for redundant OATH ECB Board approval of proposed penalties for DPR rules that have already gone through the City Administrative Procedure Act (“CAPA”) rulemaking requirements.  Since DPR must undergo the CAPA process when enacting or amending a rule, the public will still have the opportunity to comment on proposed penalties during the DPR rulemaking process.

 

§ 1. The Department of Parks and Recreation Penalty Schedule, found in Section 3-116 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York, is REPEALED.

 

§ 2. This rule takes effect on June 13, 2017.

Effective Date: 
Tue, 06/13/2017

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