§ 11-05 Administrative Proceedings.
RCNY § 11-05
(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.
(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.
(d)Denial of request.
(e)Response requesting additional information.
(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.
(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.
(h)Hearing officer.
