Hearings and Mediation Services Regulatory Revisions
Proposed Part 622, Uniform Enforcement Hearing Procedures
The Department is proposing to repeal 6 NYCRR Part 622, Uniform Enforcement Hearing Procedures and replace the rule with a new 6 NYCRR Part 622, Uniform Enforcement Hearing Procedures. The proposed new 6 NYCRR Part 622 will clarify the hearing process for administrative enforcement proceedings by: 1) making the regulations clearer and more accessible; 2) conforming the regulations to agency and judicial precedent; 3) correcting minor grammatical and typographical errors; 4) updating the regulations to reflect current use of electronic communications and discovery of electronically stored information; 5) correcting the regulations to reflect the current designation of the Office of Hearings and Mediation Service; 6) adding a section addressing mediation practice after an enforcement proceeding has been commenced; 7) extending the applicability of Part 622 to expedited proceedings commenced pursuant to 6 NYCRR Part 613 regarding petroleum product delivery prohibitions; 8) clarifying the contents of papers for commencing a proceeding; and 9) adding requirements for adjudicating defaults. These revisions will enhance administrative efficiency and ensure consistency in enforcement proceedings.
In addition to adopting a new Part 622, the Department proposes to amend the definition section of 6 NYCRR Part 620, Procedures for Issuance of Summary Abatement Orders, and Part 624, Permit Hearing Procedures, to make the definitions of terms shared by Parts 620, 622 and 624 consistent. The Department also proposes to amend 6 NYCRR 621.10(a), 621.11(g) and 621.13(d) to require that a copy of a written request for a hearing made pursuant to those subdivisions be provided to the Chief Administrative Law Judge.
Comment period closed.
Written comments must be mailed to Administrative Law Judge (ALJ) Michael S. Caruso, NYS DEC Office of Hearings and Mediation Services, 625 Broadway, 1st Floor, Albany, NY 12233-1550, or emailed to ALJ Caruso at ohms@dec.ny.gov.
A Hearing for the proposed rule and revisions to existing rules described above will be held as follows and is scheduled in a place that is reasonably accessible to persons with impaired mobility:
Date: January 7, 2020
Time: 1:00 p.m.
Location: NYS DEC, 625 Broadway, Public Assembly Room 129A/B, Albany, NY 12233
The Department will provide interpreter services for hearing impaired persons at no charge upon written request submitted no later than December 27, 2019. The written request must be addressed to ALJ Caruso, NYS DEC Office of Hearings and Mediation Services, 625 Broadway, 1st Floor, Albany, NY 12233-1550 or emailed to ALJ Caruso at ohms@dec.ny.gov.
More about Hearings and Mediation Services Regulatory Revisions:
- Proposed Part 622 Express Terms - Existing 6 NYCRR Part 622, Uniform Enforcement Hearing Procedures, is repealed. A new Part 622, Uniform Enforcement Hearing Procedures, is being added.
- Proposed Part 622 Express Terms with tracked changes - showing the changes made from the repealed Part 622 to the new Part 622.
- Proposed Part 620 Express Terms - Proposed changes to 6 NYCRR Part 620, Procedures for Issuance of Summary Abatement Orders.
- Proposed Part 621 Express Terms - Proposed changes to 6 NYCRR Part 621, Uniform Procedures.
- Proposed Part 624 Express Terms - Proposed changes to 6 NYCRR Part 624, Permit Hearing Procedures.
- Proposed Parts 622, 620, 621, and 624 Regulatory Impact Statement - A general overview of the regulations detailing, among other things, the statutory authority, need for and justification of the proposal, expected cost and recordkeeping/reporting impacts, and compliance schedule.
- Proposed Parts 622, 620, 621, and 624 Regulatory Flexibility Analysis for Small Businesses and Local Governments - A short statement explaining why an RFA is not required.
- Proposed Parts 622, 620, 621, and 624 Rural Area Flexibility Analysis - a short statement explaining why an RAFA is not required.
- Proposed Parts 622, 620, 621, and 624 Job Impact Statement - a short statement explaining why a JIS is not required.
