// CODE SNIPPET
§1-10 Application Pre-Hearing Review
JUMP TO FULL CODE CHAPTER
Each properly filed complete application will be numbered serially in the order received. The calendar numbers will begin anew on January 1st of each year, and will be hyphenated with the number of the year and the corresponding suffix (BZ, A, or BZY) indicating the type of application. The original calendar number will be used for an application to reopen or amend a previous case for the same property on the SOC or A calendar. In certain instances, a new calendar number may be required in lieu of the original calendar number for reinstatement applications.
After the application receives a calendar number, the designated examiner will review the application and issue a notice of comments to the applicant, and the applicant must respond with the necessary revisions to the application in a timely manner. When the examiner finds that the application is substantially complete, the applicant will be notified of the date on which the application is scheduled for public hearing.
Commissioners may visit sites that are the subject of an application. The Chair may create committees of commissioners or commissioners and staff for specific site visits. Any committee appointed by the Chair will report its findings to the Board. In any application in which the Chair deems it necessary, a member of the Board may enter, inspect, and examine the premises which is the subject of the application, in accordance with Charter § 667 (Inspections).
The Board will issue a hearing calendar at least five (5) days before the date of the scheduled hearing. The hearing calendar will identify the date and time of the hearing and list each application to be heard by calendar number, applicant, and property address. Such calendar will be posted at the Board office, in the Bulletin, and on the Board's website.
The Board will publish a hearing notice, including the hearing date and subject matter, for applications filed on the BZ, A, and SOC calendars in the City Record at least twenty (20) days before the hearing date.
The applicant must forward copies of a filed application and hearing notice to individuals and entities required by these Rules by regular mail, certified mail, express delivery service, or personal delivery. All materials required to be provided to the affected community board(s) (and borough board, if applicable), and the City Planning Commission must be addressed to the respective chairperson. Individuals or entities, including the affected community board(s) (and borough board, if applicable), will be deemed to have received a referred application on the day of personal delivery or five (5) calendar days after the date of the mailing of the application to such individuals or entities. See Appendix A for a summary of application referral and hearing notice requirements.
The applicant must demonstrate proof of service of an application referral or hearing notice, in accordance with §1-10.6, by submitting to the Board: (1) the completed form of Proof of Notification of Hearing; and (2) a U.S. Postal Service receipt if by regular mail, a signed U.S. Postal Service receipt if by certified mail, a receipt if by express delivery service, or an affidavit of service if by personal delivery. The applicant must submit to the Board proof of service of the application referral within ten (10) days of the initial filing. The applicant must submit to the Board proof of service of the hearing notice within ten (10) days of the date of the mailing or personal delivery. See Appendix A for a summary of proof of service requirements.
Related Code Sections
Appendix A Selected Rules of the Department of Buildings [PDF] (page 157)
penalty will be imposed in connection with a pre-hearing stipulation in an amount indicated for the charge in question in the ECB Buildings Penalty ...
Appendix A Selected Rules of the Department of Buildings [PDF] (page 34)
-13 Pre-Hearing Procedure. (a) Prior to the commencement of formal proceedings the Commissioner or board may, in his or their discretion, schedule ...
§28-214.1.2 Enforcement, Hearing
Such order to seal, secure and close shall contain notice of the opportunity for a hearing with respect to such order to determine if the order ...
NYC General Admin. Provisions 2014 > 2 Enforcement > 214 Order to Seal, Secure and Close > §28-214.1 Order to Seal, Secure and Close > §28-214.1.2 Hearing
§28-214.1.2 Enforcement, Hearing
Such order to seal, secure and close shall contain notice of the opportunity for a hearing with respect to such order to determine if the order ...
NYC General Admin. Provisions 2008 > 2 Enforcement > 214 Order to Seal, Secure and Close > §28-214.1 Order to Seal, Secure and Close > §28-214.1.2 Hearing
§28-503.3 Miscellaneous Provisions, Hearing
The office of administrative trials and hearings shall conduct the hearing. The administrative law judge assigned to hear the matter shall submit his ...
NYC General Admin. Provisions 2008 > 5 Miscellaneous Provisions > 503 Nuisance Abatement for Illegal Signs > §28-503.3 Hearing