N.Y. Comp. Codes R. & Regs. Tit. 19 §§ 1208-6.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 1208-6.4 - Investigations

(a) Investigation of complaints.

(1) If the department determines that a complaint submitted pursuant to section 1208-6.3 of this Subpart states, on its face, an allegation that the subject person has materially failed to uphold his or her code enforcement duties, the department shall:

(i) investigate such complaint in such manner as the department deems appropriate, and/or

(ii) refer such complaint to the authority having jurisdiction that employs or otherwise uses the services of the subject person; require such authority having jurisdiction to investigate the complaint and to submit a written report of such investigation to the department; and provide such authority having jurisdiction with instructions regarding the conduct of such investigation and the submission of such report.

(2) The complainant, the subject person named in the complaint, and each authority having jurisdiction that employs or otherwise uses the services of the subject person shall cooperate fully with any investigation conducted pursuant to this subdivision.

(3) Upon completion of an investigation conducted by the department and/or by an authority having jurisdiction pursuant to this subdivision, the department shall determine whether the matter should be referred to the Office of Administrative Hearings pursuant to section 1208-6.5 of this Subpart or discontinued, with or without prejudice. The department shall notify the complainant, the subject person named in the complaint, and each authority having jurisdiction that employs or otherwise uses the services of such subject person of the department's determination.

(b) Investigation of information obtained without a complaint.

(1) If information indicating that a building safety inspector or code enforcement official may have materially failed to uphold his or her code enforcement duties comes to the attention of the department by any means other than a complaint submitted pursuant to section 1208-6.3 of this Subpart, the department may:

(i) investigate such matter in such manner as the department deems appropriate, and/or

(ii) refer such matter to the authority having jurisdiction that employs or otherwise uses the services of such building safety inspector or code enforcement official; require such authority having jurisdiction to investigate the complaint and to submit a written report of such investigation to the department; and provide such authority having jurisdiction with instructions regarding the conduct of such investigation and the submission of such report.

(2) Such building safety inspector or code enforcement official and each authority having jurisdiction that employs or otherwise uses the services of such building safety inspector or code enforcement official shall cooperate fully with any investigation conducted pursuant to this subdivision.

(3) Upon completion of an investigation conducted by the department and/or by an authority having jurisdiction pursuant to this subdivision, the department shall determine whether the matter should be referred to the Office of Administrative Hearings pursuant to section 1208-6.5 of this Subpart or discontinued, with or without prejudice. The department shall notify the building safety inspector or code enforcement official who was the subject of the investigation and each authority having jurisdiction that employs or otherwise uses the services of such building safety inspector or code enforcement official of the department's determination.

N.Y. Comp. Codes R. & Regs. Tit. 19 §§ 1208-6.4

Adopted New York State Register August 22, 2018/Volume XL, Issue 34, eff. 8/22/2018