N.Y. Comp. Codes R. & Regs. tit. 6 § 380-10.8

Current through Register Vol. 46, No. 25, June 18, 2024

Section 380-10.8 - Deliberate misconduct

(a) For the purposes of this section, deliberate misconduct means an intentional act or omission that the person knows:

(1) could cause, or would have caused if not detected, a permittee, applicant, contractor or subcontractor to be in violation of any rule, regulation, order, or permit issued under this Part; or

(2) constitutes a violation of a requirement, procedure, instruction, contract, purchase order, or policy of a permittee, applicant, contractor, or subcontractor.

(b) This section applies to the following persons and their employees:

(1) permittees;

(2) applicants for permits; and

(3) contractors (including suppliers and consultants) and subcontractors of any permittee or applicant for a permit who knowingly provide to the permittee, applicant, contractor, or subcontractor, any components, equipment, materials, or other goods or services that relate to a permittee's or applicant's actions under this Part.

(c) The persons listed in subdivision (b) of this section, must not:

(1) engage in deliberate misconduct; or

(2) deliberately submit to the Department, a permittee, an applicant, or a contractor or subcontractor of the permitee or applicant, information that the person submitting the information knows to be materially incomplete or inaccurate.

(d) A person who violates this section may be subject to enforcement action and penalties as authorized by the ECL.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 380-10.8

Amended New York State Register April 25, 2018/Volume XL, Issue 17, eff. 5/10/2018