Providing for the denial of an application for, or the suspension, termination or revocation of, a license, permit or registration based on unpaid civil penalties imposed by the environmental control board or a tribunal of the office of administrative tri

A Local Law to amend the New York city charter, in relation to providing for the denial of an application for, or the suspension, termination or revocation of, a license, permit or registration based on unpaid civil penalties imposed by the environmental control board or a tribunal of the office of administrative trials and hearings

This bill would require city agencies that issue notices of violation returnable to the Environmental Control Board (ECB) and that issue licenses, permits or registrations to promulgate rules to implement their authority to deny, suspend, terminate or revoke licenses, permits and registrations based on unpaid civil penalties imposed by ECB. The bill would require such rules to include certain factors for agencies to consider when making the determination to deny, suspend, terminate or revoke, including (1) whether the applicant, licensee, permittee or registrant has other debt owed to the city; (2) the amount of unpaid civil penalties owed; (3) whether the underlying violation is one of a series of violations and the nature of the underlying violation; and (4) whether the unpaid civil penalties were imposed due to a finding of default decision that was then vacated, or whether the applicant, licensee, permittee or registration has made a request to vacate a default and obtain a new hearing. The bill would clarify that such agencies would not be limited to the considerations required by the bill and may consider any additional factors in making a determination. The bill would exempt agencies that have adopted a rule or policy prior to the effective date of the bill that substantially meets the requirements of the bill. The bill would also require agencies to provide an annual report to the Council including the number of applications received; the number denied pursuant to such rules; the number of licenses, permits or registrations suspended, terminated or revoked; and list of the types of licenses, permits or registrations issued by such agency and the time period for which such licenses, permits or registrations are issued.