DEP Environmental Protection Forms Folder 1175, 1996-2001

NYC 9/11 Public Portal Document

'CHAPTER 2—NOISE CONTROL § 24-266

(3) Neglected to proceed in a manner ordered by the board. (b) Within sixty days of a decision and order of the board issued pursu- ant to paragraph two of subdivision (c) of section 24-266 of this subchapter., the respondent may request the board to grant a stay of such order of the board and schedule a hearing. If the respondent has shown good cause and a meritorious defense, the board may grant such a request and hold a hearing pursuant to section 24-263 of this code. At the conclusion of the hearing, the board may adopt, amend or rescind its decision and order.

§ 24-265 Hearing officer's decision. (a) At the conclusion of the hear- ing, the hearing officer or member of the board conducting the hearing shall prepare a decision stating findings of fact and conclusions, as well as reasons for his or her determination on all material issues, and making recommendations as to action which should be taken in the matter. (b) The hearing officer or member of the board conducting the hearing shall file his or her decision with the board and send copies by mail to the parties. Any party .may file exceptions with the board within twenty days after service of such decision. If no exceptions have been filed within the described time, the recommendations of the hearing officer or member of the board conducting the hearing shall automatically become the decision of the board and shall constitute its findings, conclusions and order. (c) At the conclusion of a hearing conducted by the board, the board shall issue its decision and order. The decision of the board shall conform to the requirements of subdivisions (b) and (c) of section 24-266 of this code.

§ 24-266 Board decision and order. (a) If any party files exceptions to the decision of the hearing officer or member of the board conducting a hearing within the prescribed time the board shall review the record and issue its decision and order in which it may adopt, modify or reject the findings, conclusions and recommendations of the hearing officer or member of the board who conducted the hearing. (b) The decision of the board shall contain findings of fact, conclusions of law and reasons for the decision on all material issues raised, and an order either dismissing the allegations of the notice of violation or sustaining them in whole or in part. (c) The board may exercise one or more of its powers pursuant to section 24-257 of this code, as it deems appropriate if: (1) The allegations in the notice of violation are sustained in whole or in part; (2) The respondent is in default under section 24-264 of this code. (d) The decision and order of the board shall be its final determination. A judicial proceeding must be commenced within two months after the service of such decision and order.

6237 NYC 12-31-85 NYC-WTC 000138236