TRN-41-16-00001-P Provisions Applicable to Administrative Hearings in Office of Proceedings

10/12/16 N.Y. St. Reg. TRN-41-16-00001-P

NEW YORK STATE REGISTER

VOLUME XXXVIII, ISSUE 41

October 12, 2016

RULE MAKING ACTIVITIES

DEPARTMENT OF TRANSPORTATION

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. TRN-41-16-00001-P

Provisions Applicable to Administrative Hearings in Office of Proceedings

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

This is a consensus rule making to repeal Part 558, sections 508.3 and 508.5; add new sections 508.3 and 508.5; amend sections 501.1, 501.2, 502.1(a), 502.5, 502.6, 503.2(b), (d), 503.5, 504.2, 504.3, 505.6(b), (d), 505.8, 505.9(d), 505.13, 505.15, 508.4 and 508.5 of Title 17 NYCRR.

Statutory authority:

Transportation Law, sections 14(18), 84(1), 138, 139 and 145

Subject:

Provisions applicable to administrative hearings in Office of Proceedings.

Purpose:

Update of rules applicable to administrative hearings and repeal of obsolete provisions in Part 558.

Substance of proposed rule (Full text is not posted on a State website):

The proposed rule-making repeals Title 17 Part 558, sections 508.3 and 508.5. Sections 131.3, 508.3 and 508.5 are re-added to amend the provisions of the repealed sections as indicated; updates amending other indicated sections and subdivisions are as described below.

Section 508.3 documentation requirements related to self-insurance applications are streamlined; an obsolete reference to the Interstate Commerce Commission is corrected to reflect that the current authority resides in the Federal Motor Carrier Safety Administration. Section 508.5 is amended to strike subdivision (f) and to renumber subdivisions (g), (h) to (f), (g), respectively. Section 501.1 is amended to allow electronic service of notice or papers by the commissioner. Section 501.2 is amended to remove an obsolete reference to the Interstate Commerce Commission and to reflect that said authority now resides in the Surface Transportation Board. Section 502.1 is streamlined to reduce paperwork requirements for carriers applying for various items issued by the commissioner. Section 502.5 is amended to allow electronic submission of applications for emergency authority and to correct reference to the chief administrative law judge in this context; reference to the chief administrative law judge is likewise removed from section 503.9, as the Department no longer retains a chief administrative law judge. Section 502.6 is amended to remove an obsolete reference to the Interstate Commerce Commission and to reflect that said authority now resides in the Federal Motor Carrier Safety Administration. Section 503.2 is amended to allow electronic notice of hearing date, time and location to parties of record or via first class mail. Section 503.5 is amended to reduce paperwork required from respondents in regard to submission of exhibits at administrative hearings. Section 504.2 is amended to reduce paperwork required from respondents for applications for rehearing on administrative decisions. Section 504.3 is amended to allow for electronic submission of appeals of final determinations in administrative proceedings. Section 505.6 is amended to allow electronic transmission of requests for clarification of charges and the Department’s subsequent response, as well as notice of hearing. Section 505.8 is amended to allow either electronic submission or first class mailing of requests for adjournment of hearings. Subdivision 505.9(d) is amended to allow electronic transmission of decision to respondents to administrative hearings. Section 505.15 is amended to reduce paperwork required from respondents and to allow respondents choice of performing service of appeal of administrative decisions on the Department via either personal service, electronic transmission of first class mail. Section 508.4 is amended to remove an obsolete reference to the Interstate Commerce Commission and to reflect that said authority now resides in the Federal Motor Carrier Safety Administration.

Text of proposed rule and any required statements and analyses may be obtained from:

Alan Black, Legal Assistant 2, Department of Transportation, NYSDOT Office of Legal Services, 6th floor, 50 Wolf Road Albany, NY 12232, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

60 days after publication of this notice.

Consensus Rule Making Determination

NYSDOT has determined that no person is likely to object to the proposed amendments of 17 NYCRR which are the subject of this rulemaking. The objectives are to update correspondence and notice options to allow for electronic communication in order to reduce paperwork burdens and provide corrections to material rendered erroneous by obsolescence. This will result in a reduction of regulatory requirements and an improvement in the clarity of the provisions involved.

Job Impact Statement

It is determined that this rulemaking will have no impact on jobs and employment opportunities.