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If it appears that remediation undertaken by a Respondent cannot proceed or its effectiveness cannot be tested while a seal remains in place, the Respondent may, by written application addressed to the Executive Director or his or her designee, request that a seal be temporarily removed or stayed for a limited period. The Executive Director or his or her designee may authorize a temporary unsealing or stay of sealing for the above specified reasons for such limited period and subject to such conditions as the Executive Director or his or her designee deems appropriate.
(Added City Record 7/8/2016, eff. 8/7/2016)
When the Board has issued an emergency cease and desist order, without hearing, due to an imminent peril to public health or safety, pursuant to Administrative Code §§ 24-178(f), 24-346(a) and (e) or 24-523(a) and (b), any person affected by such emergency order may, by written notice to the Board, request a hearing or an accelerated hearing in accordance with those provisions. The hearing held pursuant to the request will be held by the Board and not referred to a Hearing Officer. The hearing will otherwise be conducted in accordance with the relevant provisions of law and the applicable Board rules for adjudicatory hearings.
(Added City Record 7/8/2016, eff. 8/7/2016)
Subchapter C: Adjudications – Hearing Procedures [Repealed]
Editor's note: Pursuant to City Record 7/8/2016, effective 8/7/2016, the Office of Administrative Trials and Hearings repealed this subchapter.
Subchapter D: Adjudications – Appeal Procedures [Repealed]
Editor's note: Pursuant to City Record 7/8/2016, effective 8/7/2016, the Office of Administrative Trials and Hearings repealed this subchapter.
Subchapter E: Miscellaneous [Repealed]
Editor's note: Pursuant to City Record 7/8/2016, effective 8/7/2016, the Office of Administrative Trials and Hearings repealed this subchapter.
Subchapter F: Special Hearings and Enforcement Proceedings [Repealed]
Editor's note: Pursuant to City Record 7/8/2016, effective 8/7/2016, the Office of Administrative Trials and Hearings repealed this subchapter.
Subchapter G: Penalties
Whenever a respondent is found in violation of any provision of the New York City Administrative Code, Rules of the City of New York, New York City Health Code, New York State Public Health Law, New York Codes, Rules and Regulations, New York City Zoning Resolution, New York State Vehicle and Traffic Law, or New York State Environmental Conservation Law, and the summons (as defined in 48 RCNY § 6-01) for such violation is returnable to the Environmental Control Board, any civil penalty recommended by a Hearing Officer pursuant to 48 RCNY § 3-57(a), any default penalty imposed pursuant to 48 RCNY § 3-81(a) and in accordance with Section 1049-a(d)(1)(d) of the Charter, and any civil penalty imposed for admissions of violation(s) pursuant to 48 RCNY § 3-32 or late admissions pursuant to 48 RCNY § 3-81(b) will be imposed pursuant to the Penalty Schedules set forth below. If no Penalty Schedule is contained in these rules, any such civil penalty and default penalty will be imposed pursuant to the Penalty Schedule contained in the rules of the agency with primary jurisdiction to enforce the provisions of law related to the violation alleged in the summons.
(Amended City Record 7/8/2016, eff. 7/8/2016)
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