§ 2-08 Corrective Action Plans and Violations.
RCNY § 2-08
a. After making a factual determination of a violation pursuant to 69 RCNY § 2-06, the ombudsperson will request a corrective action plan from the Complaint Subject.
1.Along with or in addition to the notice of a factual determination made to the Complaint Subject pursuant to subdivision c of 69 RCNY § 2-06, the ombudsperson will request that the Complaint Subject develop a corrective action plan in response to such determination.
2.
(a)The ombudsman may approve a corrective action plan provided by the Complaint Subject where the ombudsperson determines such plan is sufficient to resolve the violation that was the subject of the factual determination, and where the Complaint Subject provides a certification that all MLTCs have consented to the corrective action plan as sufficient to address the violations. If the corrective action plan is approved, the complaint will be marked resolved and the Complaint Subject will be responsible for implementing the corrective action plan.
(b)The ombudsperson may deem that an MLTC has consented to a proposed corrective action plan in accordance with this paragraph upon a showing, made to the satisfaction of the ombudsperson, that: (i) the Complaint Subject presented the proposed corrective action plan to the MLTC, (ii) the Complaint Subject made attempts to gain the consent of the MLTC, and (iii) after a reasonable amount of time, but in no case less than one week, the MLTC did not provide consent, disapproval, or any other feedback on the proposed corrective action plan.
3.In determining whether a corrective action plan is sufficient pursuant to paragraph 2 of this subdivision, the ombudsperson may consider the seriousness of the violation, the extent of any injuries or other detrimental effects caused by the violation, the Complaint Subject's past record of any related violations, and the Complaint Subject's past and present efforts to prevent any violations. The ombudsperson may also consider whether the corrective action plan identifies with specificity the causes of each violation described in the factual determination, provides a plan sufficient to correct each violation, and provides a plan to prevent the recurrence of each violation.
4.Where a complaint has been resolved through the approval of a corrective action plan, the ombudsperson will notify the complainant by email or first-class mail that a corrective action plan has been implemented and the complaint has been resolved.
5.The ombudsperson will monitor compliance with an approved corrective action plan through the investigative tools provided in 69 RCNY § 2-05. If the ombudsperson determines the Complaint Subject has failed to fully implement the corrective action plan, the ombudsperson may make a new factual determination pursuant to 69 RCNY § 2-06, and may consider the corrective action plan to not be implemented in accordance with subdivision b of this section. b. The Department may issue a notice of violation, returnable to the Office of Administrative Tribunals and Hearings, and impose a civil penalty in accordance with the schedule in 69 RCNY § 2-31, when a corrective action plan is not implemented within 60 days of a request made pursuant to this section, or when the ombudsperson determines the Complaint Subject has failed to implement an approved corrective action plan. (Added City Record 1/9/2020, eff. 2/8/2020)
