§ 2-34 — Remedies for False Statements and Procedures for Action

§ 2-34 Remedies for False Statements and Procedures for Action.

(a) Grounds for action. (1) The Chair of the Landmarks Preservation Commission may exclude any architect or engineer from the procedures for expedited review of applications if the Chair of the Landmarks Preservation Commission finds that: (i) In connection with the Landmarks Preservation Commission expedited review form described in 63 RCNY § 2-32(c)(1) the architect or engineer has: (A) knowingly or negligently made any false or misleading statement; or (B) knowingly or negligently omitted a statement or failed to state a material fact; or (C) knowingly or negligently falsified or allowed to be falsified any fact; or (D) willfully induced another person to do any of the above; or (ii) A Summons, a previously issued Notice of Violation, or "Notice to Stop Work" has been issued by the Landmarks Preservation Commission against work performed pursuant to any plans, prepared by or under the supervision of such architect or engineer, and such architect or engineer knew, or had reason to know, that the work performed pursuant to such application, plan, certification, or report was not carried out in accordance with approved plans or exceeded the scope of such approved plans and such architect or engineer failed to act to stop such work and/or correct such work. (2) The powers, rights and remedies of the Landmarks Preservation Commission set forth in this 63 RCNY § 2-34(a) are non-exclusive and will not be deemed to limit or supersede any other power, right or remedy of the Landmarks Preservation Commission. (b) Procedures. (1) Written notice of a preliminary determination, together with the basis for such action to exclude from expedited review must be served on the Architect or Engineer of record pursuant to the provisions of New York State Civil Practice Law and Rules § 308. (2) The Architect or Engineer notified under 63 RCNY § 2-34(b)(1) will be entitled to, and scheduled for, a hearing on the preliminary determination in accordance with 63 RCNY § 2-34(c) if written objection to the preliminary determination and the grounds for such objection are submitted to the Chair of the Landmarks Preservation Commission within fifteen (15) days after the date that the notice of preliminary determination is served. (3) If no hearing is requested pursuant to 63 RCNY § 2-34(b)(2) above, the preliminary determination of the Chair of the Landmarks Preservation Commission will be deemed confirmed and will become final and effective on the sixteenth 16th day after the preliminary notice of determination is served. (4) If after a hearing in accordance with 63 RCNY § 2-34(c), the Chair of the Landmarks Preservation Commission confirms the preliminary determination, the Chair must notify the Architect or Engineer of such decision and such notice must include a written statement indicating the reason for his or her determination. (5) On or after the effective date of the final determination to exclude an Architect or Engineer from participation in expedited review procedures all of the plans prepared by or under the supervision of such Architect or Engineer must be subject to full review by the Landmarks Preservation Commission. (c) Hearing. (1) Any hearing described in 63 RCNY § 2-34(b)(2) will be held at, and conducted by the Office of Administrative Trials and Hearings in accordance with their rules and procedures. (2) The Architect or Engineer may be represented by counsel and may present evidence in his or her behalf. A transcribed or tape-recorded record must be kept of the hearing. (3) The Chair of the Landmarks Preservation Commission must notify the respondent of the final determination within ten (10) days after the receipt of the findings of fact from the Office of Administrative Trials and Hearings on such matters. The determination of the Landmarks Preservation Commission must be supported by substantial evidence. (d) Review of Determination. At the expiration of two (2) years from the date of the initial determination to exclude an Architect or Engineer from participation in the procedures for expedited review of applications, and at intervals of no more than six months thereafter, upon request of the Architect or Engineer, the Chair of the Landmarks Preservation Commission must reexamine such determination. If the Architect or Engineer has not committed any of the acts described in clause (2) of 63 RCNY § 2-34(a) above during such period, the Chair of the Landmarks Preservation Commission may rescind such determination. (Amended City Record 12/20/2018, eff. 1/19/2019)