N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 581-2.3

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

Section 581-2.3 - Authority and duties of executive director

(a) The executive director shall have authority and responsibility to take the following actions under this Part:

(1) oversee agency staff investigations of alleged violations;

(2) resolve violations by agreement with landowners and other persons responsible for such violations;

(3) issue cease-and-desist orders;

(4) request immediate remediation of any land on which there has been or is continuing any illegal construction, land use or development or subdivision of land;

(5) serve notices of apparent violation and refer enforcement cases to the enforcement committee and advise enforcement committee members and/or agency members of the status of investigations and of recommendations for their disposition;

(6) commence administrative enforcement hearings to enforce the FWA;

(7) serve notices of intent for purposes of modifying, suspending or revoking agency permits; and

(8) refer alleged violations to the Attorney General in accordance with section 581-2.8 of this Subpart.

(b) The executive director shall prepare periodic reports for the agency on the status of open enforcement cases, administrative resolutions, and litigation related to enforcement.

(c) The executive director may delegate any or all authority provided for in this Subpart to other agency staff with the advice and consent of the enforcement committee.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 581-2.3