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What is NYC AC § 28-419.5.1?

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This section allows the department to combine hearings for property seizure and underlying violations at OATH. The OATH judge determines both matters and can impose penalties similar to those from the environmental control board. Applies to respondents facing property seizure and violations.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 28-419.5.1 Combined hearing and determination.

AC § 28-419.5.1

Upon notice to the respondent, the department may choose to have the violation underlying the seizure returnable to and heard at OATH and may combine the hearing on the underlying violation with the hearing for the return of the seized property. At such combined hearing the OATH judge shall make a determination as to both and may impose any penalty that could be imposed in a proceeding before the environmental control board for the underlying violation. The OATH judge shall issue a determination within five business days after the conclusion of the hearing. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2008/008.

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