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(a) Any person may petition the Board to consider the adoption of a rule. The petition must contain the following information:
(1) The rule to be considered, with the proposed language for adoption;
(2) A statement of the Board's authority to promulgate the rule and its purpose;
(3) Petitioner's argument(s) in support of adoption of the rule;
(4) The period of time the rule should be in effect;
(5) Responses to any questions posed on a form approved by the Secretary to the Board for such petitions;
(6) The name, address and telephone number of the petitioner or his or her authorized representative;
(7) The signature of petitioner or his or her representative if the petition is submitted on paper or by facsimile.
(b) Any change in the information provided pursuant to 24 RCNY Health Code § 9.05(a)(6) shall be communicated promptly in writing to the office of the Secretary to the Board.
(c) All petitions should be typewritten, if possible, but handwritten petitions shall be accepted, provided they are legible.
(d) All petitions shall be delivered or mailed to the office of the Secretary to the Board. Petitions may also be submitted by facsimile, electronic mail or online over the internet.
(e) Upon receipt of a petition submitted in the proper form, the Secretary to the Board shall stamp the petition with the date it was received and will assign the petition a number. The Secretary will forward the petition to the Board, the Commissioner and appropriate staff of the Department.
(f) Within sixty days from the date the petition is received by the Secretary, the Commissioner, as Chairperson of the Board, shall either deny such petition in a written statement containing the reasons for denial, or shall state in writing the intention to grant the petition and to initiate rulemaking on the subject matter by a specified date.
(1) In all cases where the Commissioner has granted a petition to initiate rulemaking, the actual petition shall be made part of the record before the Board at the time that the rulemaking is initiated. In proceeding with such rulemaking, neither the Department nor the Board shall be bound by the language proposed by petitioner, but may amend or modify such proposed language at the Department's or Board's discretion. Neither shall the Board be bound to enact the substance of a petition to initiate rulemaking which has been granted by the Commissioner.
(2) In cases where the Commissioner intends to deny a petition to initiate rulemaking, the petition, the proposed denial, and the reasons therefore, shall be expeditiously provided to the members of the Board. Any member of the Board may object to a denial of a petition and an objection made within ten (10) days of the Commissioner's notice to the Board of his or her intention to deny, shall cause the petition to be placed before the entire Board for consideration as to whether such petition should be granted or denied.
(g) The Commissioner's decision to grant, or deny a petition in the absence of the objection of any member of the Board, or a decision by the Board to grant or deny a petition, shall be a final decision which is not subject to judicial review pursuant to Section 1043(f) of the Charter.
(h) In the event the petition needs to be placed before the entire Board pursuant to subsection (f) above and the sixty (60) day time period specified to decide a petition is about to expire, the Commissioner may deny the petition, provided that the petition shall thereupon be automatically renewed, or, upon the consent of the petitioner, the Commissioner may extend the time for consideration beyond the sixty (60) day period specified by Section 1043(f) of the Charter.
(a) This article shall be made available to members of the public with the following information:
(1) The procedures for submitting petitions for rulemaking including the location at which any necessary forms may be obtained, and
(2) The name, business address, facsimile number, electronic mail address, online address and telephone number of the Secretary to the Board.
(b) The name, business address, facsimile number, electronic mail address, online address and telephone number of the Secretary to the Board, and the location at which any necessary form may be obtained shall be published in the City Record. Notice of any change in the above information shall be published as soon as practicable in the City Record. Such notice shall not constitute a rule as defined in the Section 1041(5) of the Charter.
When used in this article:
(a) "Carrier" means an individual who, without showing any evidence of clinical disease, harbors and is capable of transmitting an infectious agent and may be a potential source of infection to others.
(b) "Case" means, depending on the context, (1) an individual who, based on clinical, laboratory and/or epidemiologic evidence or other recognized public health criteria, has a disease or condition of public health interest that is reportable to the Department pursuant to this article or any other applicable law or regulation, or (2) an instance of such a reportable disease or condition occurring in an individual.
(c) "Child" means a person under the age of 18 years.
(d) "Clinical laboratory" or "laboratory" means a facility, including a blood bank, regulated pursuant to Public Health Law, Title V, Article 5, holding a permit issued by the New York State Department of Health, and operating in the City or testing a specimen from a City resident.
(e) "Communicable disease" means an illness caused by an infectious agent or its toxins that occurs through the direct or indirect transmission of the infectious agent or its products from an infected individual or via an animal, vector or the inanimate environment to a susceptible animal or human host.
(f) "Condition of public health interest" or "condition" means a disease, illness, syndrome or injury, or other threat to health that is identifiable on an individual or community level and can reasonably be expected to lead to adverse health effects in the community.
(g) "Contact" means an individual who has been identified as having been exposed, or potentially exposed, to a contagious or possibly contagious disease through such close, prolonged or repeated association with another individual or animal that, in the opinion of the Department, there is a risk of such individual contracting the contagious disease. A contact can be a household or non-household contact.
(h) "Contagious disease" means a communicable disease that is transmissible from one individual to another individual by direct or indirect contact.
(i) "Directly observed therapy" means a course of treatment, or preventive treatment, for a contagious disease in which the prescribed medication is administered to the person or taken by the person under direct observation as specified by the Department.
(j) "Epidemiological and surveillance reports and records" shall mean the reports of diseases and conditions of public health interest required to be reported to the Department that are received by the Department, and records of the case and contact investigations conducted and maintained by the Department related to such reports. Epidemiological and surveillance reports and records shall not include information contained in the immunization registry nor in the children's blood lead registry created pursuant to 24 RCNY Health Code §§ 11.07 and 11.09, respectively.
(k) "Exclude" means to keep from attendance at a day care or other childcare setting, school, worksite, shelter, or other place as specified in this Code or as may be directed by the Department.
(l) "Food handler" or "food worker" means a person who works in any place where food or drink is prepared, manufactured, handled, bottled, packed, stored, offered for sale, sold or provided free of charge, whose duties or the circumstances under which the food handler works, in the opinion of the Department, involve a risk that the food handler or food worker may cause the spread of disease.
(m) "Household contact" means an individual who has been or may have been exposed to another individual or animal with a contagious disease, based on residence in the same household or residential premises, sufficient to, in the opinion of the Department, put such individual at risk for acquiring the contagious disease.
(n) "Individual" means a natural human being.
(o) "Isolate" or "isolation" means the physical separation of persons who have a contagious disease or are suspected of having a contagious disease from other persons who do not have such contagious disease.
(p) "Outbreak" means an increased incidence of a disease or condition of public health interest above the expected or baseline level for that disease or condition.
(q) "Quarantine" means the physical confinement, separation, detention, or restriction of activities, including entry or exit to or from premises or other places, of individuals who have been or are suspected of having been exposed to a contagious disease or possibly contagious disease, from other persons who have not been exposed to that contagious disease.
(r) "Suspect case" means an individual with clinical, laboratory or epidemiologic evidence suggesting the existence of a disease or condition that is reportable to the Department pursuant to this article or any other applicable law or regulation, but which has not yet been confirmed.
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