§ 1-08 Investigation of Customer Complaints.
RCNY § 1-08
(a)In addition to any other investigations, the Commission may conduct an investigation into any complaint by a commercial establishment alleging violations of the provisions of Chapter 1 of Title 16-A of the Code or any provision of this chapter. The Commission may, in the course of such investigation, issue subpoenas, take depositions under oath, conduct hearings and use such other means as the Commission determines will assist such investigation, including but not limited to interviews with the complainant and other persons who may have knowledge of the facts involved in the complaint and assisting a customer in verifying the measurement of such customer's waste. The Commission may direct that a licensee conduct a waste stream survey in connection with its investigation.
(b)Where the Commission determines that evidence exists to support a complainant's allegations, the Commission may seek redress of injuries to the complainant as well as penalties as provided in 17 RCNY § 1-04. Such redress and penalties may be sought in a hearing conducted pursuant to 17 RCNY § 1-03, or, if the parties agree, redress may be sought in an informal proceeding. Such a hearing or proceeding may include testimony by the complainant as well as evidence presented by the Commission.
(c)Any resolution of a complaint by a customer prior to a hearing or proceeding shall be submitted to the Commission for its review and approval. Where the Commission disapproves such a resolution, the Commission may continue to seek penalties regarding any violation by the licensee underlying the customer complaint.
