Office of General Counsel Program Policies

The Office of General Counsel (OGC) originates Program Policies in order to provide guidance to Department staff and the public on specific procedures and reporting requirements that are associated with law and regulation. Presently, the procedures found in OGC Program Policies help guide Department staff when providing testimony in judicial proceedings (OGC 5 - internal policy document), Department staff and/or the public through the statutory processes applicable to claims and small claims (OGC 1 and 2) and assist regulated entities in complying with pesticide record keeping and reporting requirements (OGC 3 and 4).

Draft Program Policy: "Staff Access to Property or Premises"

This draft program policy is intended to address program staff's need for guidance as to how and when they may enter property for the purpose of carrying out their official duties. Entry may be needed to conduct inspections in connection with permit applications, to conduct inspections in connection with determining compliance with permits or other regulatory requirements, to undertake enforcement, or for their programmatic activity.

This document will serve as General Counsel Policy with respect to the entry by staff onto private property to carry out their regulatory responsibilities. It establishes procedures to ensure that program staff possess appropriate authority to enter private property while carrying out these duties. A PDF of the document can be accessed through the link in the right column.

Written comments on the draft Program Policy will be accepted until June 6, 2008. Written comments should be addressed to Michelle Crew at NYS DEC Office of General Counsel, 625 Broadway, Albany, NY 12233-1500, phone: (518) 402-9509.

More about Office of General Counsel Program Policies:

OGC 1: Claims Procedures For The Office Of General Counsel - This document establishes the Office of General Counsel's (OGC) policy for the processing of claims for personal injury or property damage resulting from the alleged negligence or wrongful act of a State employee. It also addresses contract claims.
OGC 2: Procedure For Handling Small Claims - This memo sets forth the procedure for handling small claims.
OGC 3: Pesticide Recordkeeping and Reporting Of Commercial Applicators - This document establishes a policy of enforcement discretion, effective immediately, with regard to the New York State pesticide recordkeeping and reporting requirements for commercial applicators.
OGC 4: Pesticide Recordkeeping and Reporting For Commercial Permit Holders, Including Importers, Manufacturers and Compounders - This document establishes a policy of enforcement discretion, effective thirty (30) days after publication in the Environmental Notice Bulletin, with regard to the New York State pesticide recordkeeping and reporting requirements for commercial permit holders, including importers, manufacturers and compounders.