9/7/16 N.Y. St. Reg. MTV-27-16-00001-A
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of section 6.13 of Title 15 NYCRR.
Statutory authority:
Vehicle and Traffic Law, sections 215(a), 509-g and 509-m(2)
Subject:
Certified examiners.
Purpose:
To clarify and strengthen guidelines regarding certified examiners.
Text or summary was published
in the July 6, 2016 issue of the Register, I.D. No. MTV-27-16-00001-P.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Heidi Bazicki, DMV, 6 Empire State Plaza, Rm. 522A, Albany, NY 12228, (518) 474-0871, email:
heidi.bazicki@dmv.ny.govAssessment of Public Comment
Comment: Assemblyman Kenneth P. Zebrowski, Chairman of the Administrative Regulations Review Commission, submitted a comment about the proposed amendments to 15 NYCRR 6. The Assemblyman does not object to adoption of the consensus rule as proposed, but recommends an amendment for a future rulemaking.
Assemblyman Zebrowski writes that although the proposed rule adds new compliance requirements for motor carriers, corresponding changes are not made to section 6.22. He explains that unless section 6.22 is amended, the proposed amendments to section 6.13 would appear to be the only carrier compliance requirements involving false statements or misrepresentations that could not be enforced through civil penalties.
Response: The Department appreciates the Assemblyman’s comments and will carefully consider whether a conforming amendment to section 6.22 is appropriate for a future rulemaking.
