N.Y. Comp. Codes R. & Regs. tit. 4 § 213.11

Current through Register Vol. 46, No. 45, November 2, 2024
Section 213.11 - Enforcement of board orders
(a) A party may ask the board to seek a judicial order enforcing the board's remedial order as provided by this Part if the party or parties against whom the order was issued refuses or has failed to comply with the board's order, provided that such order is not, or is no longer, subject to judicial review pursuant to this Part.
(b)Request for enforcement.

A party seeking enforcement by the board must file with the office of counsel an original and four copies of a written request stating the reason(s) why a judicial order of enforcement is necessary, supported by an original and four copies of affidavits of persons with personal knowledge of the facts set forth therein, attesting to the alleged refusal or failure to comply with the remedial order. Should the chairperson authorize electronic filing of such requests, the filing of a signed paper original consistent with this section and electronic filing and service of a copy shall constitute compliance with the filing and service requirements herein contained. Said request and supporting affidavits shall be accompanied by proof of service on all other parties before the board.

(c)Response.

Pursuant to a schedule set by the office of counsel, all other parties before the board may file in the same manner as the request was filed with the office of counsel an original and four copies of a written response to the request for enforcement stating why enforcement is not necessary, supported by affidavits of persons with personal knowledge of the facts set forth therein. Said response and supporting affidavits shall be accompanied by proof of service on all other parties before the board.

(d)Action by the board.

Following review of a request for enforcement and the response, the board, by its office of counsel, will determine whether a petition for a judicial order of enforcement pursuant to this Part should be commenced.

N.Y. Comp. Codes R. & Regs. Tit. 4 § 213.11

Adopted New York State Register August 2, 2017/Volume XXXIX, Issue 31, eff.8/2/2017