N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 645-4.13

Current through Register Vol. 46, No. 45, November 2, 2024

Section 645-4.13 - Summary abatement

(a) Whenever the commission finds, after investigation, that any person is causing, engaging in or maintaining a condition or activity which, in the judgment of the commission:

(1) presents an imminent danger to the health or welfare of the people of the State, or results in or is likely to result in irreversible or irreparable damage to the resources of the park; and

(2) relates to the prevention and abatement powers of the commission in that the condition of activity pertains to or affects any of the objectives or goals of ECL, articles 43 and 71, title 33, rules or regulations promulgated thereunder, or any permits, certificates or orders issued by the commission, so that it appears to be prejudicial to the interest of the people of the State to delay action until an opportunity for hearing can be provided, the commission may, without prior hearing or notice, order such person to discontinue, abate or alleviate such condition or activity.

(b) Such order shall be in writing and shall state the grounds upon which the order is based.

(c) Upon receipt of the commission's summary abatement order, it shall thereafter be the duty of the respondent to immediately discontinue, abate or alleviate such condition or activity pursuant to the terms of said order. Failure to do so shall constitute a violation of the order and of these regulations.

(d) The commission shall schedule a hearing promptly, at a time and place determined by the commission not to exceed 10 days from the date when the summary abatement order is given. Notice of such hearing shall be given with the written summary abatement order.

(e) The respondent may waive, in writing, the hearing provided by law and these regulations. The failure of the respondent to appear at the time, date and place set forth in the summary abatement order for a hearing, shall constitute a waiver of the requirement that a hearing be held.

(f) The hearing shall be processed in accordance with the hearing procedures specified in this Subpart.

(g) The hearing officer shall, to the extent practicable, and without prejudice to the respondent's right to have a public hearing concerning the issuance of a summary abatement order within 10 days from the date the order is given, consolidate the hearing on the issuance of the summary abatement order with any hearing to be held on account of respondent's violation of ECL, article 43 or 71, title 33, or the rules or regulations promulgated thereunder, or any permits, certificates or orders issued by the commission.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 645-4.13