645-4 Uniform Enforcement Procedures Continued

645-4 Uniform Enforcement Procedures Continued
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645-4.11 Final Determination and Order

Section 645-4.11 Final Determination and Order.

(a) After receipt of the hearing officer's report, the Commission shall make a final determination based upon the record.

(b) The final determination shall be embodied in a final order which shall contain findings of fact and conclusions of law or reasons for the final determination, and which may provide for:

(1) the dismissal of charges;

(2) an assessment of penalties consistent with applicable provisions of the ECL Articles 43 and 71, Title 33;

(3) a direction for abatement;

(4) a combination of any or all of the foregoing; or

(5) any determination deemed appropriate under the circumstances, consistent with applicable provisions of the ECL, Articles 43 and 71, Title 33, or the rules and regulations promulgated thereunder, or any permits, certificates or orders issued by the Commission.

(c) A copy of the final determination and order shall be served on the parties in the same manner as is provided in Section 645-4.2 (c) of this Subpart for the service of a notice of hearing and complaint or UAC.

645-4.12 Uniform Appearance Tickets

Section 645-4.12 Uniform Appearance Tickets.

(a) In lieu of proceeding by administrative process, the Commission patrolmen or any law enforcement officer may proceed by uniform appearance ticket regarding any violation of ECL, Article 43 or 71, Title 33, or rules or regulations promulgated thereunder, against any person having the culpable mental states defined in Section 15.05 of the Penal Law.

(b) In such case, the procedures and forms specified in Part 640 of this Title shall apply.

645-4.13 Summary Abatement

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 judgement 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 or 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.

645-4.14 Penalties and Sanctions

Section 645-4.14 Penalties and Sanctions. Any final order issued by the Commission pursuant to the procedures specified in this Subpart may include civil penalties and administrative sanctions to the full extent provided by ECL, Section 71-3303.

645-4.15 Waiver of Rules

Section 645-4.15 Waiver of Rules. Any of the foregoing rules may be waived by stipulation of the parties with consent of the Commission or, if a hearing officer has been appointed, with consent of the hearing officer.

645-4.16 Consistency with other Laws

Section 645-4.16 Consistency with other Laws. Nothing herein is intended to limit the rights of any party in an enforcement proceeding pursuant to the ECL. The statutory provisions of the ECL and the State Administrative Procedure Act shall control over an inconsistent provision in this Subpart.

 

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