Administrative Proceedings.
15 RCNY § 11-05
in effect§ 11-05 Administrative Proceedings.
(a) Applicability.
(1) This section shall apply to all administrative proceedings brought at the request of a responsible person pursuant to § 24-610(a)(4) of the Administrative Code.
(2) This section shall not apply if the Commissioner:
(i) issued no order; or
(ii) has determined pursuant to § 24-610(a)(4) of the Administrative Code that response measures are to be implemented without any delay.
(b) Request for hearing.
(1) A responsible person who has been served with an order issued by the Commissioner pursuant to §§ 24-608 and 24-610 of the Administrative Code, may submit a written request for a hearing within ten (10) working days of service of such order.
(2) The request for a hearing shall be served personally or by certified or registered mail, to the following address:
New York City Department of Environmental Protection
Bureau of ____________
Attention: Hazardous Substances Emergency Response Administrator
59-17 Junction Boulevard
Corona, New York 11368-5107
(3) The request for a hearing shall state with specificity:
(i) the date of service of the Commissioner's order to the responsible person; (ii) the location of the site which is the subject of the order;
(iii) the substance which was released or may be released;
(iv) the action ordered to be taken;
(v) the reason for requesting a hearing; and
(vi) an address for subsequent service of documents.
(4) The request for a hearing, when made within the time specified, shall constitute a stay against compliance with the Commissioner's order. However, nothing in this section shall preclude or affect the authority of the Commissioner to implement response measures deemed to be necessary to protect the public health or welfare or the environment from a release or threat of release of a hazardous substance.
(c) Commissioner's response to request for hearing.
(1) Within ten (10) working days of service of a request for a hearing, the Commissioner shall either deny the request, or require the submission of additional information in support of the request, or grant the request.
(2) The Commissioner's response to a request for a hearing shall be served on the responsible person who made the request, personally or by certified or registered mail within the prescribed time period, to the address provided in the request for hearing or, if no such address was provided, to the address at which the Commissioner's order was served.
(d) Denial of request.
(1) The Commissioner shall give specific reasons for denying the request for a hearing in his/her written response.
(2) Service of such denial shall end the stay against compliance with the Commissioner's order. The responsible person shall thereafter be subject to the enforcement of § 24-610 and any other applicable provisions of the Administrative Code.
(e) Response requesting additional information.
(1) Service of the Commissioner's response requesting additional information shall continue the stay against compliance with the Commissioner's order, pending resolution of the request for a hearing.
(2) The responsible person's answer shall be served personally or by certified or registered mail to the address in 15 RCNY § 11-05(b)(2), within ten (10) days of service of the Commissioner's response. Such answer shall be deemed a request for hearing for purposes of 15 RCNY § 11-05(c).
(3) Failure to answer within the specified time shall end the stay against compliance with the Commissioner's order. The responsible person shall thereafter be subject to the enforcement of § 24-610 and any other applicable provisions of the Administrative Code. The Commissioner shall set forth a time and place for the hearing in his/her written response. The time set for the hearing shall be no more than fifteen (15) working days from the date of service of the Commissioner's response granting the hearing.
(f) Default.
(1) A responsible person who fails to appear at the hearing granted in response to that person's request may have the issue of his/her challenge to the Commissioner's order resolved against him/her.
(2) Service of notice of default shall be made upon the responsible person, either personally or by certified or registered mail, at the address provided in the request for hearing or, if no such address was provided, the address at which the Commissioner's order was served, and such service shall end the stay against compliance with the Commissioner's order. The responsible person shall thereafter be subject to the enforcement of § 24-610 and any other applicable provisions of the Administrative Code.
(3) Application to reopen.
(i) The hearing officer may open a default or relieve any party of the consequences of the default upon good cause shown, where written application is served personally or by certified or registered mail to the address in 15 RCNY § 11-05(b)(2), within seven (7) working days of service of notice of default.
(ii) Such written application, when made within the time specified, shall constitute a stay against compliance with the Commissioner's order pending resolution of the application.
(iii) If the hearing officer decides that a hearing should be held on the merits, such hearing shall be held and the matter decided as if the default had not been issued.
(g) Hearing procedures.
(1) The burden of proof shall be on the responsible person to show by a preponderance of the relevant evidence why the order should either be revoked or modified.
(2) The responsible person shall be entitled to be represented by counsel and to present evidence as to why the Commissioner should either revoke or modify the order.
(3) Testimony given and other proceedings had at a hearing shall be recorded verbatim. For this purpose, the Department may use whatever means it deems appropriate, including but not limited to the use of stenographic transcriptions or recording devices.
(i) Depending on the means used, a copy of the Department's transcription may be available to the responsible person at his/her own expense.
(ii) When such a copy will not be available, the responsible person may arrange for a transcription at her/his own expense.
(h) Hearing officer.
(1) The Commissioner shall designate a hearing officer as her/his representative for the purpose of conducting a fair and impartial hearing under this section. Such officer shall not be a person who participated in the drafting of the order.
(2) (i) The hearing officer shall have power to:
(A) rule upon motions and requests;
(B) set the time and place of hearing;
(C) administer oaths and affirmations;
(D) summon and examine witnesses;
(E) admit or exclude evidence;
(F) hear argument on facts or law;
(G) do all acts and take all measures necessary for the maintenance of order and efficient conduct of the hearing.
(ii) The hearing officer's exercise of such powers may be reviewed by the Commissioner upon submission of the hearing officer's report.
(3) The hearing officer shall admit all relevant, competent, and material evidence, except where such evidence is unduly repetitious, or where its value as proof is substantially outweighed by a potential for unfair prejudice, confusion of the issue, undue delay, waste of time or needless presentation of the repetitious or duplicative evidence. The application of the rules of evidence shall be within the hearing officer's discretion.
(4) Report.
(i) The hearing officer shall prepare and submit a report to the Commissioner for his/her review.
(ii) Such report shall be submitted within ten (10) working days of the close of the record. The record shall not be closed before the hearing officer receives the verbatim recording produced pursuant to 15 RCNY § 11-05(g)(3).
(i) Final determination.
(1) Within a reasonable time after receipt of the hearing officer's report, the Commissioner shall make a final determination, based on the hearing officer's report and on the record, which may provide for affirmation, suspension, modification, or revocation of the order in issue, or any determination consistent with the applicable provisions of the Administrative Code, §§ 24-601 et seq., and the rules and regulations promulgated thereunder.
(2) A copy of the final determination and order shall be served personally or by certified or registered mail, to the responsible person who requested the hearing, at the address provided in the request for hearing or, if no such address was provided, the address at which the Commissioner's order was served.
(3) At any time prior to issuance of the Commissioner's final determination, the Department of Environmental Protection may enter into a stipulation or consent order with the responsible person who requested a hearing. Such stipulation or consent order shall be admissible as evidence to provide the basis for a finding of fact in any subsequent proceeding brought by the Department of Environmental Protection against such responsible person.
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-24855Fetched: 10/24/2026