reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter XVI - Real Property Tax Administration › Part 8200 - Railroad Ceilings › Subpart 8200-3 - Increased Depreciation › Section 8200-3.2 - Application for accelerated depreciation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A railroad company requesting increased
				  depreciation for its track must file an application for this depreciation at
				  the same time as the reports required by Subpart 8200-2 of this Part. This
				  request shall be on a form prepared by ORPTS. A copy of this form shall be
				  filed with the New York State Department of Transportation (NYSDOT) at the same
				  time it is filed with ORPTS.
(b) An
				  application for increased depreciation must show planned improvements to the
				  railroad company's system on or after December 31, 2002, and implementation of
				  these improvements. Improvements may include:
(1) increased tonnage or tonnage
				  capabilities;
(2) increased level
				  of passenger service;
(3) increased
				  number or frequency of passenger trains;
(4) improved on-time performance for
				  passenger service;
(5) increased
				  average speed for passenger or freight service;
(6) safety improvements for the general
				  public or railroad employees;
(7)
				  marketing or other economic development initiatives;
(8) increased intermodal
				  operations;
(9) coordination with
				  intercity and commuter passenger operations;
(10) improved maintenance practices and/or
				  scope of maintenance;
(11)
				  implementation of technological innovations;
(12) fuel conservation;
(13) reduction of adverse environmental
				  impacts; and
(14) such other
				  improvements as the railroad company shall describe.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter XVI - Real Property Tax Administration › Part 8200 - Railroad Ceilings › Subpart 8200-3 - Increased Depreciation › Section 8200-3.3 - Transition provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Applications for increased depreciation for railroad ceilings established for
				  assessment rolls to be completed in 2004, must be submitted by September 1,
				  2003, or within 60 days of the effective date of this Subpart, whichever is
				  later.
(b) Any railroad ceiling
				  established for an assessment roll finalized in 2003 shall reflect increased
				  depreciation calculated in the percentages contained in section
				  8200-3.2(d) 
				  of this Subpart.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter XVI - Real Property Tax Administration › Part 8200 - Railroad Ceilings › Subpart 8200-6 - Determination Of Railroad Ceilings › Section 8200-6.1 - Computation of tentative railroad ceiling

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In any assessing unit other than an
				  assessing unit which is expected to complete a reassessment, the tentative
				  railroad ceiling shall be computed as follows:
(1) The local reproduction cost of the
				  railroad real property is computed at the valuation date that applies to the
				  current roll, as set forth in sections 489-e and 489-ee  of the Real Property
				  Tax Law.
(2) Taxable full value
				  equals the local reproduction cost, determined in accordance with paragraph (1)
				  of this subdivision, multiplied by the applicable economic factor determined
				  pursuant to either section 489-e or 489-ee of the Real Property Taw Law, as the
				  case may be.
(3) The equalized
				  value of the railroad real property is determined by multiplying the taxable
				  full value of the railroad real property, as determined in accordance with
				  paragraph (2) of this subdivision, by the final State equalization rate for the
				  prior year's final assessment roll; provided, however, that if the final
				  equalization rate for that roll has not been established at the time the
				  tentative railroad ceiling assessment is to be determined, the tentative
				  equalization rate for that roll shall be used in lieu thereof.
(4) The tentative railroad ceiling equals the
				  equalized value of the railroad real property as determined in accordance with
				  paragraph (3) of this subdivision adjusted pursuant to section 489-w  of Real Property Tax Law.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter XVI - Real Property Tax Administration › Part 8200 - Railroad Ceilings › Subpart 8200-6 - Determination Of Railroad Ceilings › Section 8200-6.2 - Determination of tentative railroad ceiling

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The amount computed in section
				  8200-6.1 
				  of this Subpart shall be determined as the tentative railroad ceiling
				  ORPTS.
(b) A notice of
				  determination of tentative railroad ceiling shall be served upon the railroad
				  company and the chief executive officer of the municipality in which the
				  railroad real property is located. Such notice shall include:
(1) a statement that the tentative railroad
				  ceiling has been determined;
(2)
				  the tentative railroad ceiling;
(3)
				  an identification of the assessment roll for which the railroad ceiling was
				  established;
(4) the time and place
				  that a hearing will be held to hear any complaint concerning such railroad
				  ceiling; and
(5) if the assessing
				  unit is one which is expected to complete a revaluation, a statement that the
				  tentative ceiling represents the taxable full value of the railroad ceiling
				  property and that the final ceiling will represent the equalized value of the
				  property.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter XVI - Real Property Tax Administration › Part 8200 - Railroad Ceilings › Subpart 8200-6 - Determination Of Railroad Ceilings › Section 8200-6.3 - Rescission of tentative railroad ceiling

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The tentative railroad ceiling shall be
				  rescinded if and only if it is ascertained, prior to the establishment of the
				  final railroad ceiling, that procedures or data which were defective in a
				  significant respect were relied upon in the determination of the tentative
				  railroad ceiling, and if a written complaint is not filed by the assessing unit
				  or railroad company owner as provided by section
				  8200-6.4  of
				  this Subpart.
(b) A new tentative
				  railroad ceiling shall be simultaneously determined, pursuant to this Subpart
				  and the correct procedures or data.
(c) The rescission and reestablishment of a
				  tentative railroad ceiling pursuant to this section shall be done by
				  ORPTS.
(d) Where a railroad ceiling
				  is rescinded and a new tentative railroad ceiling is established, pursuant to
				  this section, notice of such new tentative railroad ceiling shall be given
				  within three days to the railroad company, and the chief executive officer of
				  the municipality in which the railroad real property is located, in the same
				  manner as provided in section
				  8200-6.2 
				  of this Subpart, except that it shall advise that a hearing to receive
				  complaints will be held no later than 15 days subsequent to the rescission and
				  reestablishment of the tentative railroad ceiling.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter XVI - Real Property Tax Administration › Part 8200 - Railroad Ceilings › Subpart 8200-6 - Determination Of Railroad Ceilings › Section 8200-6.4 - Complaints

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A railroad
				  company, or the assessing unit in which the railroad real property is located,
				  may obtain administrative review of the tentative railroad ceiling by serving a
				  written complaint specifying its objections as provided herein.
(b) The complaint shall be served upon the
				  commissioner and the railroad company or assessing unit, as the case may be, at
				  least five days before the hearing date. On or before the hearing date, a
				  complainant shall file an affidavit with the commissioner demonstrating
				  compliance with this section.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter XVI - Real Property Tax Administration › Part 8200 - Railroad Ceilings › Subpart 8200-6 - Determination Of Railroad Ceilings › Section 8200-6.5 - Hearings; reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  commissioner's designee as hearing officer shall meet at the time and place
				  specified in the notice sent pursuant to sections 489-n and 489-kk  of the Real
				  Property Tax Law, and section
				  8200-6.2 
				  of this Subpart, to hear complaints regarding the tentative railroad ceilings.
				  A complainant need not attend the hearing for its complaint to be
				  considered.
(b) The hearing shall
				  not constitute an adjudicatory proceeding subject to article 3 of the State
				  Administrative Procedure Act, but the provisions of section 525 (2)  of the Real Property
				  Tax Law shall apply as far as practicable to the hearing. The hearing officer
				  shall rule on all procedural matters arising at the hearing.
(c) At least one representative of ORPTS
				  shall attend the hearing.
(d) The
				  hearing officer may accept materials offered by a complainant at the hearing
				  and may permit a complainant or an adverse party to submit additional materials
				  until no later than 10 days after the hearing. Upon good cause shown, the
				  hearing officer may extend the time for the submission of additional materials,
				  upon notice to the complainant and the adverse party. An affidavit of service
				  upon the adverse party shall be included with all materials submitted after the
				  hearing. The hearing officer shall forward any documentation relating to
				  valuation submitted on or after the hearing date to ORPTS.
(e) Following the conclusion of the hearing,
				  the hearing officer shall prepare a report for the State Board reviewing the
				  procedural and legal issues presented in the complaint or hearing. ORPTS staff
				  shall prepare a report to the State Board reviewing the valuation issues
				  presented in the complaint or hearing.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter XVI - Real Property Tax Administration › Part 8200 - Railroad Ceilings › Subpart 8200-6 - Determination Of Railroad Ceilings › Section 8200-6.6 - Determination of final railroad ceiling

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If no written complaint has been filed as
				  provided by section
				  8200-6.4  of
				  this Subpart, the final railroad ceiling shall be established by ORPTS. The
				  final railroad ceiling shall be equal to the tentative railroad ceiling, except
				  that:
(1) if, at the time the tentative
				  railroad ceiling was determined, the final equalization rate for the latest
				  final assessment roll had not been established, the final railroad ceiling
				  shall be recomputed using the final equalization rate for that roll;
(2) if a special equalization rate is
				  established, for the purposes of determining railroad ceilings, pursuant to
				  section
				  8186-3.5 
				  of this Title, the final railroad ceiling shall be determined using the special
				  equalization rate;
(3) if the
				  assessing unit had been expected to complete a reassessment, and such a
				  reassessment was completed, but there has not been a change in the level of
				  assessment of two percent or more, the final railroad ceiling shall be
				  recomputed using the latest final equalization rate for the prior year's
				  assessment roll.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter XVI - Real Property Tax Administration › Part 8200 - Railroad Ceilings › Subpart 8200-7 - Annual Charge To Railroad Companies › Section 8200-7.1 - Annual charge to railroad companies

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each year a charge shall be computed for
				  each railroad company receiving a tentative railroad ceiling.
(b) The charge shall be computed as follows:
(1) ORPTS shall establish a dollar amount for
				  the direct and indirect costs and expenses for computing and establishing
				  railroad ceilings. In establishing this amount, ORPTS shall include the costs
				  of obtaining valuation information, processing that information, calculating
				  values, establishing ceilings and complying with all statutory and regulatory
				  notice and hearing requirements for establishing those ceilings. ORPTS shall
				  not include the cost of any contractual expenses incurred in defense of any
				  railroad ceilings;
(2) the value of
				  railroad real property used for transportation purposes used to establish the
				  final railroad ceilings for the previous year for all railroad companies shall
				  be divided into the dollar amount determined in paragraph (1) of this
				  subdivision. This shall be the charge rate;
(3) the charge rate shall be multiplied by
				  the value of real property used for transportation purposes which was used to
				  compute the final railroad ceiling for a railroad company for the previous
				  year. In the first year a railroad company receives a railroad ceiling, the
				  charge rate shall be multiplied by the value of real property used for
				  transportation purposes which was used to compute the tentative railroad
				  ceiling for that company; and
(4)
				  where a charge of less than $25 is computed, no charge shall be imposed. Annual
				  charges unpaid more than 60 days after the billing date shall be considered
				  past due.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter XVI - Real Property Tax Administration › Part 8201 - State Assistance For The Maintenance Of A System Of Improved Real Property Tax Administration › Subpart 8201-3 - Assessment Rolls With Taxable Status Dates Occurring On Or After March 1, 2010 › Section 8201-3.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Subpart shall pertain to applicants
					 for State assistance for purposes of assessment rolls with taxable status dates
					 occurring on or after March 1, 2010, pursuant to section 1573 (1) and (2)  of the
					 Real Property Tax Law, as amended by chapter 56 of the Laws of 2010, part
					 Y.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter XVI - Real Property Tax Administration › Part 8201 - State Assistance For The Maintenance Of A System Of Improved Real Property Tax Administration › Subpart 8201-3 - Assessment Rolls With Taxable Status Dates Occurring On Or After March 1, 2010 › Section 8201-3.2 - Plan to be filed for State assistance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A written plan containing the reappraisal
				  schedule and the reinspection schedule for the applicant must be received no
				  later than 120 days prior to the filing date of the tentative assessment roll
				  implementing the first reappraisal in that plan. The plan must be signed by the
				  chief executive officer of the assessing unit and the assessor. For plans
				  involving a coordinated assessment program, the assessor may file a single plan
				  providing that it contains the signatures of the chief executive officer of
				  each member municipality.
(b) In
				  accordance with an approved plan, State assistance shall be payable in an
				  amount not to exceed five dollars per parcel for an assessment roll upon which
				  a reassessment is implemented, and not to exceed two dollars per parcel for an
				  assessment roll upon which a reassessment is not implemented. The amount
				  payable on a per parcel basis shall exclude parcels which are wholly exempt or
				  assessed by the State.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter XVI - Real Property Tax Administration › Part 8201 - State Assistance For The Maintenance Of A System Of Improved Real Property Tax Administration › Subpart 8201-3 - Assessment Rolls With Taxable Status Dates Occurring On Or After March 1, 2010 › Section 8201-3.3 - State standards for quality assessment administration

Current through Register Vol. 46, No. 28, July 10, 2024
The standards for quality assessment administration
					 are:
(a) In reassessment years.
(1) The reassessment must:
(i) be conducted pursuant to a plan for
				  cyclical reassessment of not less than four years;
(ii) provide for the reappraisal of all
				  parcels in the first and last year of the plan;
(iii) provide for a reappraisal of all
				  parcels at least once every four years; and
(iv) collect inventory data at least once
				  every six years.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter XVI - Real Property Tax Administration › Part 8201 - State Assistance For The Maintenance Of A System Of Improved Real Property Tax Administration › Subpart 8201-3 - Assessment Rolls With Taxable Status Dates Occurring On Or After March 1, 2010 › Section 8201-3.4 - Application for State assistance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A written application for State
				  assistance must be filed with ORPTS annually. Applications must be filed no
				  later than 90 days after the filing of the final assessment roll for which
				  State assistance is applied.
(b) A
				  written application for State assistance must be signed by the chief executive
				  officer of the assessing unit and the assessor. For purposes of this section
				  assessor means the assessor or the chairman of the board of assessors or the
				  county director where the county is assessing on behalf of a city or town
				  assessing unit or the assessor of a consolidated assessing unit or coordinated
				  assessment program or the chairman of the board of directors of a consolidated
				  assessing unit.
(c) For
				  applications involving a coordinated assessment program, the assessor may file
				  a single application, providing that it contains the signatures of the chief
				  executive officer of each member municipality.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter XVI - Real Property Tax Administration › Part 8201 - State Assistance For The Maintenance Of A System Of Improved Real Property Tax Administration › Subpart 8201-3 - Assessment Rolls With Taxable Status Dates Occurring On Or After March 1, 2010 › Section 8201-3.5 - Review of application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) ORPTS
				  shall adopt procedures that contain acceptable performance indicators of
				  substantial compliance with standards contained in section
				  8201-3.2 
				  of this Subpart, including ranges of acceptable performance determined in
				  accordance with nationally recognized standards. ORPTS will review applications
				  in accordance with such procedures.
(b) The determination made pursuant to the
				  procedures for the applicable full value measurement as provided in section
				  8186-2.15 
				  of this Title shall be conclusive as to whether a reassessment occurred and a
				  uniform percentage of value was attained.
(c) An applicant must provide assessment
				  roll, inventory, sales files and the corresponding libraries in ORPTS approved
				  computerized format. The files must be supplied with the data files submitted
				  pursuant to article 15-C of the Real Property Tax Law.
(d) In determining compliance, facts and
				  conditions are assumed as of the final roll date for the assessment roll for
				  which State assistance is requested, unless otherwise stated.
(e) Upon approval, ORPTS staff shall certify
				  the amount of State assistance payable pursuant to this Part.
(f) For computing the amount of State
				  assistance payable pursuant to this Part, the number of parcels are obtained
				  from the data files submitted pursuant to article 15-C of the Real Property Tax
				  Law.
(g) Upon disapproval, ORPTS
				  staff will notify the applicant of the disapproval and the reason for the
				  disapproval. The assessing unit shall have 30 days from the date of the mailing
				  of the notification to appeal this denial to the deputy commissioner.
(h) Applications for State assistance made
				  pursuant to section 1573  of the Real Property Tax Law are
				  subject to audit. A statewide verification process with detailed audits of
				  randomly selected individual assessing units will be conducted annually before
				  payments are certified.
(i) Where
				  an applicant receives payment as a result of a false or erroneous statement on
				  the application, or any other act of omission or commission on the part of the
				  applicant, such that the recipient would otherwise have been considered
				  ineligible to receive such payment, the recipient shall be required to refund
				  the improper payment to the State.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter XVI - Real Property Tax Administration › Part 8201 - State Assistance For The Maintenance Of A System Of Improved Real Property Tax Administration › Subpart 8201-3 - Assessment Rolls With Taxable Status Dates Occurring On Or After March 1, 2010 › Section 8201-3.6 - Transition provisions for 2010 assessment rolls

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For purposes of assessment rolls
				  completed in 2010, the applicant will be deemed to meet the reappraisal
				  requirement of section
				  8201-3.2 
				  of this Subpart if a reassessment was implemented pursuant to a six-year plan
				  filed in compliance with Subpart 8201-2 of this Part.
(b) Notwithstanding the provisions of
				  sections
				  8201-3.2(a)
				 and
				  8201-3.4(a) 
				  of this Subpart, for purposes of assessment rolls completed in 2010, a plan and
				  an application may be filed no later than 60 days after the effective date of
				  these rules.
(c) For applications
				  involving a coordinated assessment program, a participant municipality shall be
				  eligible for State assistance if it meets the State standards for quality
				  assessment administration as outlined in section 8201-2.2 of this Part,
				  notwithstanding the failure of another participant municipality to
				  qualify.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Chapter XVI - Real Property Tax Administration › Part 8300 - Capital Local Expenditures for School District's Share of Additional Budgeted Capital Local Expenditures Made by a Board of Cooperative Educational Services › Section 8300.1 - Definition of Capital Local Expenditures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Pursuant to Education Law Section 2023-a,
				beginning in the 2020-2021 school year and each school year thereafter, school
				districts may increase their property tax levy above the levy limit for certain
				costs resulting from Capital Local Expenditures, including the allowable share
				of board of cooperative educational services (BOCES) capital
				expenditures.
(b) For purposes of
				this section, Capital Local Expenditures are defined as those expenditures,
				including a school district's allowable share of BOCES capital expenditures,
				resulting from the financing, refinancing, acquisition, design, construction,
				reconstruction, rehabilitation, improvement, furnishing and equipping of, or
				otherwise providing for school district/BOCES capital facilities, school
				district/BOCES capital equipment, including debt service and lease
				expenditures, and transportation capital debt service, subject to the approval
				of the qualified voters where required by law.
(c) Capital Local Expenditures must be for
				projects with a period of probable usefulness as defined in Local Finance
				Law.
(d) Capital Local Expenditures
				do not include expenditures for maintenance or operations.
(e) For the purposes of calculating the levy
				limit for 2020-2021, a district's share of BOCES capital expenditures in
				2019-2020 must be added to the calculation of the prior year capital local
				expenditures.
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Appendices › Appendix 10-A - CITY OF YONKERS INCOME TAX SURCHARGE ON RESIDENTS AND EARNINGS TAX ON NONRESIDENTS

Current through Register Vol. 46, No. 28, July 10, 2024
CITY OF YONKERS INCOME TAX SURCHARGE ON RESIDENTS AND
				EARNINGS TAX ON NONRESIDENTS
WITHHOLDING TABLES AND OTHER METHODS
Separate tables and methods are required to be used for the
				City of Yonkers income tax surcharge on residents and for the City of Yonkers
				earnings tax on nonresidents.
The following methods of withholding shall be used by employers
				for determining the amount of City of Yonkers income tax surcharge on residents
				and the amount of City of Yonkers earnings tax on nonresidents to be deducted
				and withheld from wages paid:
A. Approved methods for determining the City of Yonkers income
				tax surcharge on residents to be deducted and withheld:
I. Wage Bracket Table Method
II. Exact Calculation Method
III. Top Income Tax Rates Method
B. Approved methods for determining the City of Yonkers
				earnings tax on nonresidents to be deducted and withheld from net taxable
				weekly wages:
VI. Wage Bracket Table Method
VII. Exact Calculation Method
VIII. Annualized Tax Method
The Dollar to Dollar Withholding Table may be used as a
				reference table for checking the amount of City of Yonkers income tax surcharge
				on residents to be deducted and withheld from net taxable weekly wages.
CITY OF YONKERS INCOME TAX SURCHARGE ON RESIDENTS
METHOD I WAGE BRACKET TABLE METHOD
An employer electing to use the wage bracket table method with
				respect to any employee's wages shall determine the amount of City of Yonkers
				income tax surcharge to be deducted and withheld in accordance with the tables
				set forth in this method. Tables for periods not provided for may be obtained
				from the New York State Department of Taxation and Finance, W.A. Harriman
				Campus, Albany, NY 12227 upon request (however, see the end of this Appendix
				for rules under which any of the tables for the more common payroll periods may
				be converted for use for other payroll periods).
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- Notes -
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Dated: Albany, New York December 13, 2021
Amanda Hiller
Acting Commissioner of Taxation and Finance
New York Codes, Rules and Regulations › Title 20 - DEPARTMENT OF TAXATION AND FINANCE › Appendices › Appendix 10-C

Current through Register Vol. 46, No. 28, July 10, 2024
NEW YORK CITY PERSONAL INCOME TAX ON RESIDENTS
WITHHOLDING TABLES AND OTHER METHODS
The following methods of withholding shall be used by employers
				for determining the amount of New York City personal income tax on residents to
				be deducted and withheld from wages paid:
I. Wage Bracket Table Method
II. Exact Calculation Method
The Dollar to Dollar Withholding Table may be used as a
				reference table for checking the amount of New York City personal income tax on
				residents to be withheld from net taxable weekly wages.
NEW YORK CITY PERSONAL INCOME TAX ON RESIDENTS
METHOD I WAGE BRACKET TABLE METHOD
An employer electing to use the wage bracket table method with
				respect to any employee's wages shall determine the amount of New York City
				personal income tax to be deducted and withheld in accordance with the tables
				set forth in this method. Tables for periods not provided for may be obtained
				from the New York State Department of Taxation and Finance, W.A. Harriman
				Campus, Albany, NY 12227 upon request (however, see the end of this Appendix
				for rules under which any of the tables for the more common payroll periods may
				be converted for use for other payroll periods).
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New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 1 - General Provisions › Section 1.1 - Definitions in Waterfront Commission Act; gender

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For the purposes of these regulations,
				unless the context clearly requires otherwise, the definitions contained in the
				Waterfront Commission Act shall be used. Waterfront Commission Act (hereinafter
				referred to as the Act) shall mean chapter 882 of New York Laws of 1953 and
				chapter 202 of New Jersey Laws of 1953, both as amended and supplemented, and
				shall include the Waterfront Commission Compact (part I of the Act) as
				consented to by chapter 407 of Public Law 252 of the 83rd Congress (August 12,
				1953), and all concurrent legislation enacted by the States of New York and New
				Jersey pursuant to or in furtherance of the Act.
(b) All references to the masculine gender in
				these regulations shall be deemed to include the feminine gender.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 1 - General Provisions › Section 1.2 - Suspension of regulations

Current through Register Vol. 46, No. 28, July 10, 2024
In the event of public emergency occasioned by, but not
				  limited to, acts of God, acts of war, acts of violence or breaches of the
				  peace, the commission may by resolution revoke or suspend, in whole or in part,
				  any of these regulations when in its opinion the purposes of the Act will
				  thereby be furthered or effectuated.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 1 - General Provisions › Section 1.3 - Impeding purposes of Act

Current through Register Vol. 46, No. 28, July 10, 2024
In the event that any regulation adopted by the commission
				  has been or is being utilized by any person to impede, obstruct or frustrate
				  the purposes of the Act, the commission may by resolution revoke or suspend, in
				  whole or in part, the privileges accorded to such person by such regulation
				  when in its opinion the purposes of the Act will thereby be furthered or
				  effectuated. Nothing contained in these regulations shall, however, abridge any
				  statutory or constitutional right of such person.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 1 - General Provisions › Section 1.4 - Subpoena of commission records

Current through Register Vol. 46, No. 28, July 10, 2024
A member, officer or employee who is served with a subpoena
				  requiring the disclosure of information or the production of documents not
				  available for public inspection pursuant to section
				  1.23 of this Part, shall, unless
				  otherwise directed by the commission, appear as directed by the subpoena and,
				  unless otherwise authorized by the commission, shall respectfully decline to
				  discuss the information or produce the documents called for, basing the refusal
				  upon this section. Any member, officer or employee who is served with such
				  subpoena shall promptly advise the commission of the service of such subpoena,
				  the nature of the information or documents sought, and any circumstances which
				  may bear upon the desirability of making available such information or
				  documents. Nothing herein shall prohibit the commission from authorizing the
				  disclosure or exchange of information with any public official, agency or other
				  person upon a finding that the purposes of the Act will be effectuated
				  thereby.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 1 - General Provisions › Section 1.5 - Subpoenas

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A subpoena,
				including a subpoena duces tecum, may be issued by any officer, agent or
				employee who has been duly authorized by resolution of the commission to issue
				such subpoenas. A subpoena shall state the section of the Act pursuant to which
				it is issued.
(b) A subpoena shall
				be personally served. Personal service shall consist of either placing the
				subpoena in the hand of the person named therein or of touching his person with
				the subpoena and informing him that it is a subpoena of the Waterfront
				Commission of New York Harbor. A subpoena may be returnable on any day except
				Sunday at any time between 8:00 a.m. and 9:00 p.m.
(c) Tender of witness fees is not required. A
				person, other than an applicant or a respondent or an officer, director or
				shareholder of an applicant or respondent, subpoenaed by the commission to
				appear at any interview, hearing or other proceeding, conducted by the
				commission is entitled to $40 a day for each day's actual attendance if he
				appears pursuant to a subpoena or a subpoena duces tecum. If a person, other
				than an applicant or a respondent or an officer, director or shareholder of an
				applicant or respondent, so subpoenaed resides more than three miles from the
				place of attendance, he shall also be entitled to reimbursement for each mile
				going from the place of residence to the place of attendance at the prevailing
				mileage reimbursement rate as set by the Internal Revenue Service. Such fee
				shall be payable by the secretary of the commission upon demand by the person
				subpoenaed after actual attendance, upon certification thereof by an officer,
				agent or employee of the commission.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 1 - General Provisions › Section 1.7 - Notices and petitions to and from commission

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless otherwise provided by regulation,
				all notices and petitions to the commission shall be given in writing and
				delivered by first class mail or by hand, addressed to the Waterfront
				Commission of New York Harbor, at its main administrative offices. If delivered
				by mail, notice shall be deemed given only when actually received.
(b) All notices and communications from the
				commission, other than those specified in section
				6.3 of this Title, shall be duly
				served if enclosed in a properly post-paid wrapper addressed to the person to
				be notified or communicated with at the address last given by him in writing to
				the commission and deposited, as ordinary mail, in a post office, post office
				box, or mail chute maintained by the United States government, or if such
				notice or communication addressed to such person is delivered to such address
				by telegram or by registered or certified mail or by an employee or agent of
				the commission. Such service shall be deemed as having been made in the regular
				course of the business of the commission, without any certification of such
				service by an employee or agent of the commission. For the purpose of
				calculating the time of notice, service shall be considered effected upon the
				date of delivery to such address; provided that, where service is by ordinary
				mail, service shall be considered effective the third day after the
				mailing.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 1 - General Provisions › Section 1.8 - Withdrawal of applications and petitions and surrender of licenses and registrations

Current through Register Vol. 46, No. 28, July 10, 2024
Applications or petitions submitted to the commission may be
				  withdrawn only with the permission of the commission. Licenses or registrations
				  may be surrendered only with the permission of the commission. Such permission
				  may be granted unconditionally or with prejudice. The pendency of such
				  application or petition to withdraw or to surrender shall not prevent the
				  ordering of a hearing or the continuance of a hearing under section 1 or 3 of
				  article XI of the Act, as appropriate.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 1 - General Provisions › Section 1.9 - Notification of change of address

Current through Register Vol. 46, No. 28, July 10, 2024
Any applicant, prospective licensee, registrant, licensee, or
				  petitioner who changes his name or his residence address shall immediately
				  notify the commission in writing of such change.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 1 - General Provisions › Section 1.10 - Application after denial, withdrawal, surrender or revocation

Current through Register Vol. 46, No. 28, July 10, 2024
After an application or petition has been denied, or
				  withdrawn with prejudice, or a license or registration has been revoked or
				  surrendered with prejudice, no further application therefor may be submitted
				  except upon leave of the commission for good reason shown.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 1 - General Provisions › Section 1.11 - Notification of arrest

Current through Register Vol. 46, No. 28, July 10, 2024
Any person licensed or registered by the commission or any
				  person who, within the meaning of section
				  3.4 of this Title, is required to
				  execute a personal character information form in connection with a stevedore's
				  license application, who has been charged with or arrested for any crime or
				  offense under the Penal Law of any state, the District of Columbia, the United
				  States, any territory or commonwealth thereof or any foreign country, other
				  than a motor vehicle or traffic offense, shall notify the commission within 20
				  days of his knowledge of such charge or of the arrest.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 1 - General Provisions › Section 1.12 - Replacement of lost license, permit or registration card

Current through Register Vol. 46, No. 28, July 10, 2024
A licensee, registrant or permittee who has lost his license,
				  registration card or permit, after identifying himself to the satisfaction of
				  the commission, shall be issued a temporary license, registration card or
				  permit, valid for a period of not more than 30 days. He shall also submit a
				  sworn application for replacement of his lost license, registration card or
				  permit and, upon his payment of a replacement charge of $15, the commission
				  shall issue to him a new license, registration card or
				  permit.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 1 - General Provisions › Section 1.13 - Licenses, registrations and permits not transferable

Current through Register Vol. 46, No. 28, July 10, 2024
A license, registration card, or permit issued by the
				  commission shall not be transferable at any time for any
				  purpose.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 1 - General Provisions › Section 1.14 - Unauthorized retention of licenses, registrations and other instruments

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall retain possession of any license, permit,
				  registration card, badge or other means of identification or instrument issued
				  by the commission after his license, permit or registration has expired, been
				  terminated, revoked or suspended for a period of more than 30
				  days.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 1 - General Provisions › Section 1.15 - Alteration and transfer of instruments issued by commission prohibited

Current through Register Vol. 46, No. 28, July 10, 2024
Any and all licenses, badges or other evidence of a license
				  or registration issued by the commission shall remain its property and shall be
				  promptly returned to the commission in accordance with these regulations. No
				  person shall forge, counterfeit, alter, erase, obliterate or transfer any card,
				  form, badge, record, means of identification or other instrument issued by the
				  commission. No person shall transfer any card, form, badge, record, means of
				  identification or other instrument, or have in his possession any transferred,
				  forged, counterfeited, altered, erased or obliterated card, form, badge,
				  record, means of identification or other instrument, whether issued by the
				  commission or otherwise, with intent to defraud or deceive any person licensed
				  by the commission in order to gain employment or priority of employment for
				  himself or another, or with intent to defraud or deceive the commission in any
				  manner.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 1 - General Provisions › Section 1.16 - Dismissal of application without prejudice

Current through Register Vol. 46, No. 28, July 10, 2024
Where an applicant for license or registration or a
				  prospective licensee fails to respond to a communication or notice forwarded in
				  accordance with the provisions of these regulations requesting him to provide
				  additional information or to appear for an interview in connection with the
				  application, or, in the case of an applicant for a license as a port watchman,
				  to appear for a physical examination as required by section
				  5.5 of this Title, or, in the case
				  of an applicant for a license as a port watchman, to satisfactorily complete a
				  course of training for port watchmen as prescribed by section
				  5.10 of this Title, the
				  application may be dismissed by the commission without prejudice. Such
				  dismissal shall forthwith cancel and annul any temporary permit or temporary
				  registration unless otherwise directed by the commission.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 1 - General Provisions › Section 1.17 - Temporary suspension of temporary permits or registrations pending hearing

Current through Register Vol. 46, No. 28, July 10, 2024
Any temporary permit or temporary registration issued by the
				  commission pending final action upon an application for a license or
				  registration may, without hearing, be temporarily suspended by the commission
				  pending final determination of a hearing to determine whether to grant or deny
				  such application or to revoke, cancel or suspend such temporary permit or
				  registration if, in the opinion of the commission:
(a) the applicant or prospective licensee has
				refused to complete the application, or to appear for or complete an interview,
				or a physical examination as required by section
				5.5 of this Title, or otherwise to
				provide additional facts or evidence requested by the commission to enable it
				to ascertain whether the application should be granted; or
(b) the temporary permit or temporary
				registration has been obtained by fraud; or
(c) the continuance of the temporary permit
				or temporary registration is inimicable to the public peace and
				safety.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 1 - General Provisions › Section 1.18 - Petition for an order to remove an ineligibility for a license or registration by reason of criminal conviction

Current through Register Vol. 46, No. 28, July 10, 2024
A petition for an order to remove an ineligibility for a
				  license or registration by reason of a criminal conviction pursuant to section
				  3(b) of article V, section 3(e) of article VI, section 5-j of part II, and
				  section 5-n (subd. 3, para. [b]) of part II of the Act, shall be made on forms
				  furnished by the commission. Such petition may be submitted with the
				  application for a license or registration. The petitioner may submit evidence
				  of a pardon for the disqualifying crime in the form of the original or a
				  photocopy of such pardon. Any petitioner who desires to offer evidence to
				  satisfy the commission that he has conducted himself for a period of not less
				  than five years in such manner as to warrant the granting of a license or
				  registration shall attach to his application the original or a photocopy of any
				  certificate of good conduct, official statement, or other form of relief from
				  disabilities arising from the conviction, which may be issued by a court of
				  competent jurisdiction, a board of parole, or similar authority, and any other
				  evidence, such as letters of character reference, as he may deem relevant to
				  the granting of a license or registration. The commission may require
				  additional evidence, to be submitted upon forms as may be prescribed by the
				  commission, as it deems necessary.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 1 - General Provisions › Section 1.19 - Temporary permit or registration revoked by denial of application

Current through Register Vol. 46, No. 28, July 10, 2024
An order of the commission denying an application for a
				  license or registration shall, unless otherwise stated, forthwith revoke and
				  annul any temporary permit or temporary registration issued pending final
				  action on the application for a license or registration.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter I - Waterfront Commission Of New York Harbor › Part 1 - General Provisions › Section 1.20 - Counsel in commission interview or investigation

Current through Register Vol. 46, No. 28, July 10, 2024
In connection with any investigation conducted by the
				  commission, a person interviewed or questioned under oath shall have the right
				  to be accompanied and represented by counsel, except that he shall not be so
				  accompanied or represented by counsel who also represents a person who is or
				  who may become the subject of the investigation, unless the commission upon
				  application so authorizes.