New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Chapter VI - General Regulations
Part 622 - Uniform Enforcement Hearing Procedures
Section 622.14 - Summary abatement and summary suspension orders
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Department staff may commence a proceeding by serving upon a person a summary abatement order pursuant to ECL 71-0301 and 71-1719 or a summary suspension order pursuant to SAPA section 401(3). Any such order must provide a clear statement of its basis and of the opportunity for a hearing. The date for the hearing must be set in the order and the order must also contain a statement that the failure to appear at the hearing constitutes a default and the waiver of the right to a hearing.
(b) Sections 622.3, 622.4, 622.8, 622.9 and 622.13 of this Part are not applicable to proceedings brought pursuant to this section.
(c) In a summary abatement proceeding, the provisions of Part 620 of this Title also apply and supersede any inconsistent provision of this Part.
(d) Where a person is served with a summary abatement order or a summary suspension order, the person may also be served with a complaint as provided in section 622.3 of this Part. Whenever possible, but without prejudice to respondent's rights, the matters that are the subject of the complaint may be heard together with those that are the subject of the summary abatement or summary suspension order.
