reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXIX - Interest On Lawyer Account Fund › Part 7000 - Trustees' Regulations And Procedures › Section 7000.14 - Client financial eligibility for services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A person eligible to receive legal
				services from funds allocated pursuant to this Part must have an income that
				does not exceed 125 percent of the official poverty threshold as defined by the
				United States Office of Management and Budget, except in the following
				circumstances:
(1) the person is seeking
				legal assistance to secure benefits provided by a governmental program for the
				poor;
(2) the person would be
				eligible but for the receipt of benefits provided by a governmental income
				maintenance program; or
(3) the
				person's circumstances require that eligibility should be allowed on the basis
				of one or more of the factors set forth in subdivision (b) of this
				section.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXIX - Interest On Lawyer Account Fund › Part 7000 - Trustees' Regulations And Procedures › Section 7000.15 - Application for grants and contracts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The board of trustees shall seek
				submissions of grant and contract applications on a regular and periodic basis,
				and distribute available IOLA funds, after the payment of administrative
				expenses, to qualified recipients pursuant to the provisions of this Part on
				the basis of the merits of the applicants. The board of trustees may delegate
				the screening of the funding applications to its staff or other entity it deems
				appropriate.
(b) All applicants
				seeking funds pursuant to this Part shall:
(1) submit a written grant
				proposal;
(2) respond adequately to
				the recommended grant proposal format and any additional requests for
				information;
(3) agree to carry out
				the program for which funds are requested, report on its progress and results,
				and return any funds not utilized in accordance with the grant;
(4) cooperate with all data collection and
				evaluation activities requested and submit annually an audited financial
				statement by a certified public accountant and a report of the programs on
				which the IOLA funds were expended.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXIX - Interest On Lawyer Account Fund › Part 7000 - Trustees' Regulations And Procedures › Section 7000.16 - Processing applications

Current through Register Vol. 46, No. 28, July 10, 2024
Review and approval of the grant and contract applications
				  shall be completed within three months of the date set for the submission of
				  the funding application, and if the amount to be distributed differs from the
				  funds requested, within 30 days after notification of such proposed
				  distribution, each qualified recipient shall submit a modified budget and
				  narrative explaining how the funds will be utilized.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXIX - Interest On Lawyer Account Fund › Part 7000 - Trustees' Regulations And Procedures › Section 7000.17 - Payment of grants and contracts

Current through Register Vol. 46, No. 28, July 10, 2024
All payments from the IOLA fund shall be made by the State
				  Comptroller upon certification and authorization of the trustees of the
				  fund.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXIX - Interest On Lawyer Account Fund › Part 7000 - Trustees' Regulations And Procedures › Section 7000.18 - Denial of grants and contracts

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The board of trustees shall have the power to determine that an applicant for
				funding is not qualified to receive funding or is not the most meritorious of
				competing applicants, to deny or reduce future funding, or to terminate
				existing funding.
(b) In reaching a
				decision, the board of trustees shall take into consideration the amount of
				funds available for distribution, the continuity, competence and
				cost-effectiveness of the services provided, the provider's compliance with the
				terms and conditions of the grant and the requirements of these regulations,
				the standing of the recipient in the client community being served, the
				viability of an alternate provider of services and the disruption of services
				caused by a change in the identity of the provider. If a decision is made to
				terminate or deny refunding of a grant, the board of trustees may authorize
				temporary funding if necessary to enable a grant recipient to close or transfer
				current matters in a manner consistent with its professional responsibilities
				to its current clients. Where the board of trustees has funded an applicant for
				general operating support on a recurring basis, a decision to terminate funding
				or deny refunding will normally only be based on:
(1) a substantial failure to comply with the
				terms and conditions of the grant or the requirements and restrictions of these
				regulations;
(2) a substantial
				failure to use the grant to provide economical and effective legal assistance
				as measured by generally accepted professional standards and the provisions of
				these regulations; or
(3) a lack of
				sufficient funds available for distribution pursuant to these
				regulations.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXIX - Interest On Lawyer Account Fund › Part 7000 - Trustees' Regulations And Procedures › Section 7000.19 - Advisory council

Current through Register Vol. 46, No. 28, July 10, 2024
The board of trustees may from time to time establish one or
				  more advisory councils made up of representatives of qualified recipients and
				  members of the private bar and communities serviced in order to assist in the
				  promotion of IOLA accounts and to provide advice in the development and
				  implementation of the programs initiated by this Part. The members of the
				  advisory council will receive no compensation for their services but, in the
				  discretion of the board, may be entitled to receive reimbursement for their
				  actual and necessary expenses incurred in the discharge of their
				  duties.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXIX - Interest On Lawyer Account Fund › Part 7000 - Trustees' Regulations And Procedures › Section 7000.20 - Adoption and amendment of regulations

Current through Register Vol. 46, No. 28, July 10, 2024
New regulations may be adopted, and any regulation may be
				  amended or repealed, by the trustees at any regular or special meeting,
				  provided that notice of the proposed adoption, amendment or repeal has been
				  given to all trustees at least seven days before the meeting and, provided
				  further, that any amendment of a provision of this Part, which by its terms
				  requires action by a special vote, shall become effective only if adopted by
				  such special vote. In addition, any such regulation proposed by the board of
				  trustees to be adopted, amended or repealed may be so adopted, amended or
				  repealed only in accordance with article 2 of the State Administrative
				  Procedure Act. Copies of all regulations shall be made available to the public
				  at all offices of the fund.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXIX - Interest On Lawyer Account Fund › Part 7000 - Trustees' Regulations And Procedures › Section 7000.21 - Construction of regulations

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall be liberally construed to accomplish the
				  objectives of the fund and the policies of the trustees.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXIX - Interest On Lawyer Account Fund › Part 7000 - Trustees' Regulations And Procedures › Section 7000.22 - Fiscal year

Current through Register Vol. 46, No. 28, July 10, 2024
The fund's fiscal year shall begin April 1st and end March
				  31st.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXX - New York City Housing Development Corporation › Part 8000 - Regulations For Public Access To Records Of The New York City Housing Development Corporation › Section 8000.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The people's
				right to know the process of government decision-making and the documents and
				statistics leading to determinations is basic to our society. Access to such
				information should not be thwarted by shrouding it with a cloak of secrecy or
				confidentiality.
(b) These
				regulations provide information concerning the procedures by which records may
				be obtained.
(c) Personnel shall
				furnish to the public the information and records required by the Freedom of
				Information Law, as well as records otherwise available by law.
(d) Any conflicts among laws governing public
				access to records shall be construed in favor of the widest possible
				availability of public records.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXX - New York City Housing Development Corporation › Part 8000 - Regulations For Public Access To Records Of The New York City Housing Development Corporation › Section 8000.2 - Designation of records access officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The members of the New York City Housing
				Development Corporation are responsible for insuring compliance with
				regulations herein, and designate the following person as records access
				officer:
Deputy General Counsel
75 Maiden Lane, 8th Floor
New York, N.Y. 10038
(b) The records access officer is responsible
				for insuring appropriate agency response to public requests for access to
				records. The designation of a records access officer shall not be construed to
				prohibit officials who have in the past been authorized to make records or
				information available to the public from continuing to do so. The records
				access officer shall insure that personnel:
(1) maintain up-to-date subject matter
				list;
(2) assist the requester in
				identifying requested records, if necessary; and
(3) upon locating the records, take one of
				the following actions:
(i) make records
				available for inspection; or
(ii)
				deny access to the records in whole or in part and explain in writing the
				reasons therefor;
(4)
				upon request for copies of records:
(i) make
				a copy available upon payment or offer to pay established fees, if any, in
				accordance with section
				8000.8 of this Part; or
(ii) permit the requester to copy those
				records;
(5) upon
				request, certify that a record is a true copy; and
(6) upon failure to locate records, certify
				that:
(i) the New York City Housing
				Development Corporation is not the custodian for such records; or
(ii) the records of which the New York City
				Housing Development Corporation is a custodian cannot be found after diligent
				search.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXX - New York City Housing Development Corporation › Part 8000 - Regulations For Public Access To Records Of The New York City Housing Development Corporation › Section 8000.3 - Location

Current through Register Vol. 46, No. 28, July 10, 2024
Records shall be available for public inspection and copying
				  at:
New York City Housing Development Corporation
75 Maiden Lane, 8th Floor
New York, N.Y. 10038
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXX - New York City Housing Development Corporation › Part 8000 - Regulations For Public Access To Records Of The New York City Housing Development Corporation › Section 8000.4 - Hours for public inspection

Current through Register Vol. 46, No. 28, July 10, 2024
Requests for public access to records shall be accepted and
				  records produced during all hours the agency is regularly open for business.
				  These hours are 9 a.m. to 5 p.m.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXX - New York City Housing Development Corporation › Part 8000 - Regulations For Public Access To Records Of The New York City Housing Development Corporation › Section 8000.5 - Requests for public access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A written request may be required, but
				oral requests may be accepted when records are readily available.
(b) A response shall be given regarding any
				requests reasonably describing the record or records sought within five
				business days of receipt of the request.
(c) A request shall reasonably describe the
				record or records sought. Whenever possible a person requesting records should
				supply information regarding dates, file designations or other information that
				may help to describe the records sought.
(d) If the records access officer does not
				provide or deny access to the records sought within five business days of
				receipt of a request, he or she shall furnish a written acknowledgment of
				receipt of the request and a statement of the approximate date when the request
				will be granted or denied. If access to records is neither granted nor denied
				within 10 business days after the date of acknowledgment of receipt of a
				request, the request may be construed as a denial of access that may be
				appealed.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXX - New York City Housing Development Corporation › Part 8000 - Regulations For Public Access To Records Of The New York City Housing Development Corporation › Section 8000.6 - Subject matter list

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The records
				access officer shall maintain a reasonably detailed current list by subject
				matter of all records in its possession, whether or not records are available
				pursuant to Public Officers Law, section 87(2).
(b) The subject matter list shall be
				sufficiently detailed to permit identification of the category of the records
				sought.
(c) The subject matter list
				shall be updated not less than twice per year. The most recent update shall
				appear on the first page of the subject matter list.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXX - New York City Housing Development Corporation › Part 8000 - Regulations For Public Access To Records Of The New York City Housing Development Corporation › Section 8000.7 - Denial of access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Denial of access to records shall be in writing stating the reason therefor and
				advising the requester of the right to appeal to the individual or body
				established to hear appeals.
(b) If
				requested records are not provided promptly, as required in section
				8000.5(d) of this
				Part, such failure shall also be deemed a denial of access.
(c) The following person shall hear appeals
				for denial of access to records under the Freedom of Information Law:
General Counsel
New York City Housing Development Corporation
75 Maiden Lane, 8th Floor
New York, N.Y. 10038, (212) 344-8080
(d) The time for deciding an appeal by the
				individual designated to hear appeals shall commence upon receipt of a written
				appeal identifying:
(1) the date of the
				appeal;
(2) the date and location
				of the request for records;
(3) the
				records to which the requester was denied access;
(4) whether the denial of access was in
				writing or due to failure to provide records promptly as required by section
				8000.5(d) of this
				Part; and
(5) the name and return
				address of the requester.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXX - New York City Housing Development Corporation › Part 8000 - Regulations For Public Access To Records Of The New York City Housing Development Corporation › Section 8000.8 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) There shall be
				no fee charged for:
(1) inspection of
				records;
(2) search for records;
				or
(3) any certification pursuant
				to this Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXX - New York City Housing Development Corporation › Part 8000 - Regulations For Public Access To Records Of The New York City Housing Development Corporation › Section 8000.9 - Public notice

Current through Register Vol. 46, No. 28, July 10, 2024
A notice containing the title or name and business address of
				  the records access officer and appeals person and the location where records
				  can be seen or copies shall be posted in a conspicuous location wherever
				  records are kept.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXX - New York City Housing Development Corporation › Part 8000 - Regulations For Public Access To Records Of The New York City Housing Development Corporation › Section 8000.10 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or the application thereof to
				  any person or circumstances is adjudged invalid by a court of competent
				  jurisdiction, such judgment shall not affect or impair the validity of the
				  other provisions of this Part or the application thereof to other persons and
				  circumstances.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXI - Battery Park City Authority › Part 9000 - Public Access To Records › Section 9000.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This Part, governing public access to certain records of the
				  corporation, is promulgated for the purpose of implementing the provisions of
				  the Freedom of Information Law.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXI - Battery Park City Authority › Part 9000 - Public Access To Records › Section 9000.2 - Applications for and the inspection and copying of records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A request to inspect and/or copy records
				of the corporation or any of its subsidiaries shall be made to the secretary of
				the corporation at the main office of the authority, One World Financial
				Center, New York, NY 10281. Such request shall be made in writing and shall
				reasonably describe the record or records sought. Whenever possible, the person
				requesting records should supply information regarding dates, file designations
				or other information that may help to describe the records.
(b) Records shall be made available for
				inspection and/or copying during regular business hours at the location or
				locations within the authority's facilities designated by the corporate
				secretary.
(c) Within five business
				days after receipt of such request, the corporation shall:
(1) provide access to the records
				sought;
(2) deny access to the
				records sought, such denial to be in writing setting forth the reason therefor
				and right to appeal; or
(3) furnish
				a written acknowledgment of receipt of the request and a statement of the
				approximate date when the request will be granted or denied.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXI - Battery Park City Authority › Part 9000 - Public Access To Records › Section 9000.3 - Appeal from denial of access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person who is denied access to any
				record may, within 30 days of such denial, appeal the denial in writing to:
				President, Battery Park City Authority, One World Financial Center, New York,
				NY 10281.
(b) The time for deciding
				an appeal shall commence upon receipt of a written appeal identifying:
(1) the date of the request for
				records;
(2) the records that were
				denied; and
(3) the name and return
				address of the applicant.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXI - Battery Park City Authority › Part 9000 - Public Access To Records › Section 9000.4 - Fees for services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It is
				the policy of the authority to provide routine information and to permit public
				inspection of record without charge. Fees may be charged in the following
				situations:
(1) reproduction, duplication or
				copying of records; and
(2) where a
				fee is otherwise prescribed by law.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXI - Battery Park City Authority › Part 9000 - Public Access To Records › Section 9000.5 - Creation of records

Current through Register Vol. 46, No. 28, July 10, 2024
Documents will not be created by compiling selected items
				  from other documents at the request of a member of the public, nor will records
				  be created to provide the requesting party with data such as ratios,
				  proportions, percentages, frequency distributions, trends correlations or
				  comparisons.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXI - Battery Park City Authority › Part 9001 - Access To Personal Information › Section 9001.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part
				provides information regarding the procedures by which members of the public
				may assert rights granted by the Personal Privacy Protection Law.
(b) The authority shall maintain in its
				records only personal information relevant and necessary to accomplish purposes
				required by statute or executive order, or to implement a program specifically
				authorized by law.
(c) Personal
				information will be collected, whenever practicable, directly from the person
				to whom the information pertains.
(d) The authority will seek to ensure that
				all records are accurate, relevant, timely and complete.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXI - Battery Park City Authority › Part 9001 - Access To Personal Information › Section 9001.2 - Designation of privacy compliance officer and location of records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Director of
				Human Resources is hereby designated as the privacy compliance officer
				responsible for ensuring the authority's compliance with the provisions of the
				Personal Privacy Protection Law, and for coordinating the authority's response
				to requests for records or amendment of records.
(b) Records or information on requesting
				records, can be obtained by writing to: Director of Human Resources, Battery
				Park City Authority, One World Financial Center, New York, NY 10281, (212)
				416-5300.
(c) The privacy
				compliance officer is responsible for:
(1)
				assisting a data subject in identifying and requesting personal information, if
				necessary;
(2) taking one of the
				following actions upon locating the record sought:
(i) making the record available for
				inspection, in a printed form without codes or symbols, unless an accompanying
				document explaining such codes or symbols is also provided;
(ii) permitting or providing or certifying
				copies of the records; and
(iii)
				denying access to the record in whole or in part and explaining in writing the
				reasons therefor.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXI - Battery Park City Authority › Part 9001 - Access To Personal Information › Section 9001.3 - Proof of identity

Current through Register Vol. 46, No. 28, July 10, 2024
When a request is made, the authority may require appropriate
				  identification, such as a driver's license, a photograph or similar information
				  that confirms the record sought pertains to the data subject; unless, the
				  record is accessible pursuant to the Freedom of Information
				  Law.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXI - Battery Park City Authority › Part 9001 - Access To Personal Information › Section 9001.4 - Hours for public inspection and copying

Current through Register Vol. 46, No. 28, July 10, 2024
The authority shall accept requests for records and produce
				  records from 9 a.m. to 5:30 p.m.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXI - Battery Park City Authority › Part 9001 - Access To Personal Information › Section 9001.5 - Requests for records

Current through Register Vol. 46, No. 28, July 10, 2024
All requests shall be made in writing and reasonably describe
				  the record or records sought. The authority shall respond in writing within
				  five business days or acknowledge receipt with written notice of when request
				  will be granted or denied within 30 days.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXI - Battery Park City Authority › Part 9001 - Access To Personal Information › Section 9001.6 - Appeal

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person
				denied access to a record or denied a request to amend or correct a record of
				personal information will be informed of the right to appeal within 30 days of
				such denial, to the President of Battery Park City Authority, pursuant to
				section 9000.3(a) of this
				Title (freedom of information regulations) and will be informed of the right to
				seek judicial review of appeal determination pursuant to article 78 of the
				Civil Practice Law and Rules. Failure to respond to appeal within 10 business
				days of receipt of appeal may be construed as a denial.
(b) Personal information corrected or
				amended, on appeal, will be provided to any person or governmental unit to
				which the record or personal information has been or is disclosed pursuant to
				Public Officers Law, section 96(1)(d), (i) or (l).
(c) All appeals, determinations and reasons
				therefor shall be immediately forwarded to the Committee on Open
				Government.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXI - Battery Park City Authority › Part 9001 - Access To Personal Information › Section 9001.7 - Statement of disagreement by data subject

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If a request is denied in whole or in
				part, upon appeal, the person designated to determine appeals shall inform the
				data subject of the right to:
(1) file with
				the authority a statement setting forth the reasons for disagreement with the
				determination; and
(2) request that
				such a statement be provided to any person or governmental unit to which the
				record has been or is disclosed pursuant to Public Officers Law, section
				96(1)(d), (i) or (l).
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXI - Battery Park City Authority › Part 9001 - Access To Personal Information › Section 9001.8 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
Inspection, searches, certificates or copies will be made
				  pursuant to section
				  9000.4(b) of this
				  Title of Battery Park City Authority's freedom of information
				  regulations.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXI - Battery Park City Authority › Part 9001 - Access To Personal Information › Section 9001.9 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or the application thereof to
				  any person or circumstance is adjudged invalid by a court of competent
				  jurisdiction, such judgment shall not affect or impair the validity of the
				  other provisions of this Part, or the application thereof to other persons and
				  circumstances.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXI - Battery Park City Authority › Part 9002 - Prompt Payment Policy › Section 9002.1 - Statement of policy and purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The Battery Park City Authority is a body corporate and
				  politic, constituting a public benefit corporation, established by chapter 343
				  of the Laws of 1968. This prompt payment policy is adopted pursuant to section
				  2880 of
				  the Public Authorities Law, requiring each public benefit corporation to
				  promulgate rules and regulations detailing its policy with respect to making
				  prompt payment to contractors.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXI - Battery Park City Authority › Part 9002 - Prompt Payment Policy › Section 9002.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purpose of this Part, the following terms shall have
				  the following meanings unless the context shall clearly indicate
				  otherwise:
(a) Authority shall mean
				the Battery Park City Authority.
(b) Contract shall mean an enforceable
				agreement entered into by the authority and a contractor, including purchase
				orders.
(c) Contractor shall mean
				any person, partnership, private corporation or association providing or
				performing any of the following pursuant to a contract:
(1) selling materials, equipment or supplies
				or leasing property or equipment to the authority;
(2) constructing, reconstructing,
				rehabilitating or repairing buildings, streets or other improvements for or on
				behalf of the authority; or
(3)
				rendering or providing services to the authority.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXI - Battery Park City Authority › Part 9002 - Prompt Payment Policy › Section 9002.4 - General provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Payment
				request procedure. Contractors owed money by the authority shall deliver a
				proper invoice to the designated payment office. The designated payment office
				will log the receipt date of each invoice, and send it to the department unit
				within the authority that received the goods, property or services from the
				contractor for review and verification of the contractor's performance in
				accordance with the contract. Contractors with contracts which provide for
				payment at specific dates or intervals shall also be required to provide a
				proper invoice which certifies that the obligations required under such
				contract have been performed prior to such date(s) or during such interval(s),
				and review and verification of the work of these contractors will take place
				upon receipt of such proper invoice; payment shall be made in accordance with
				the terms of such contracts.
(b)
				Prompt payment schedule. The schedule of the time in which the authority will
				make prompt payment under a contract is as follows:
(1) For invoices received on or before June
				30, 1989, payment will be made by the authority within 45 calendar days after
				receipt of a proper invoice.
(2)
				For invoices received on or after July 1, 1989, payment will be made by the
				authority within 30 calendar days, excluding legal holidays, after receipt of a
				proper invoice.
(3) For contracts
				which provide for payment at one or more specific dates or intervals, payment
				will be made in accordance with the terms of such contracts, but interest shall
				only be payable if payment is not made within the time provided in paragraphs
				(1) and (2) of this subdivision.
(4) This schedule will not apply in those
				instances where payment is being delayed by reason of any of the exceptions
				listed in subdivision (e) of this section, or where the time in which to make
				payment is being tolled for any of the reasons listed in subdivision (f) of
				this section, in which cases the time for payment shall be as there
				provided.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXI - Battery Park City Authority › Part 9002 - Prompt Payment Policy › Section 9002.5 - Annual report

Current through Register Vol. 46, No. 28, July 10, 2024
(a) After the
				completion of each fiscal year ending after January 1, 1989, the authority
				shall prepare an annual report on the scope and implementaton of this prompt
				payment policy. The report shall include, but not be limited to, the following:
(1) a listing of the types or categories of
				contracts which the authority entered into during the 12-month fiscal year
				covered by the report with an indication whether each such type or category of
				contract was subject to this prompt payment policy, and if it was not, the
				reason(s) why not;
(2) the number
				and amount of interest payments made for contracts, arranged according to each
				such type or category;
(3) the
				number of interest chargeable days, and the total number of days taken to
				process each late contract payment; and
(4) a summary of the principal reasons why
				such late payments occurred.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXI - Battery Park City Authority › Part 9002 - Prompt Payment Policy › Section 9002.6 - Miscellaneous provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Amendment. The authority shall have the power to amend this Part by
				promulgating amended rules and regulations at any time, and within 30 days of
				the adoption of any such amendments hereto, the authority shall file copies
				with the State Comptroller, the State Director of the Budget, the Chairman of
				the Senate Finance Committee, and the Chairman of the Assembly Ways and Means
				Committee.
(b) Contract
				incorporation. The policy statement in effect at the time that a contract is
				entered into is hereby incorporated into and made a part of that
				contract.
(c) Public access. The
				authority shall make copies of this policy statement available to the public
				upon reasonable request at the authority's main office. The authority shall
				also provide a copy of this policy statement to each contractor at or prior to
				the time a contract is entered into.
(d) Inapplicability. This policy is not
				applicable to payments due and owing by the authority to any other governmental
				entity, agency, public benefit corporation or the employees thereof when acting
				in or incidental to their public employment capacity, to interest on judgments
				rendered by a court against the authority pursuant to any other provision of
				law, or to situations where the authority exercises a legally authorized
				set-off against all or part of a payment due a contractor.
(e) Legal processes. The authority is under
				no liability to pay interest pursuant to this policy for any period after a
				contractor has filed a claim, given notice of an intention to file a claim or
				commenced legal action seeking any payment of interest; interest during such
				period shall only be paid as directed by the court in accordance with such
				other provisions of law as may be applicable.
(f) Interpretation. This Part shall be
				interpreted consistent with and to fulfill the purposes of section
				2880 of
				the Public Authorities Law.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXI - Battery Park City Authority › Part 9003 - Parks Rules And Regulations Of The Battery Park City Authority And The Battery Park City Parks Corporation › Section 9003.2 - Construction and scope of rules; variances

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Construction. These rules shall be
				construed as follows:
(1) any term in the
				singular includes the plural;
(2)
				any term in the masculine includes the feminine and neuter;
(3) any rule or regulation relating to any
				act covers: the causing, procuring, aiding or abetting, directly or indirectly,
				of that act; and allowing a minor child to do that act;
(4) no provision herein shall make unlawful
				any act necessarily performed by any officer or employee of ParksCorp or the
				BPCA in the line of duty or work, or by any person, his agents or employees, in
				the proper and necessary execution of the terms of any permit, contract,
				agreement or other direct authorization from ParksCorp or the BPCA;
(5) these rules are in addition to and
				supplement all municipal, state and Federal laws and ordinances.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXI - Battery Park City Authority › Part 9003 - Parks Rules And Regulations Of The Battery Park City Authority And The Battery Park City Parks Corporation › Section 9003.3 - Hours of operation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Persons
				may enter and use the parks from 6 a.m. until 1 a.m. at all times unless other
				open hours are posted by a park sign at any park or any portion thereof. No
				person shall enter, loiter or remain in any park without the permission of
				ParksCorp or the BPCA except during open hours.
(b) Whenever a threat to public health or
				safety exists in any park resulting from any natural cause, explosion, accident
				or any other cause, or by riot or other significant civil disturbance or
				unlawful assembly or activity, ParksCorp or the BPCA may close the parks or any
				portion thereof to all unauthorized persons for such duration as it deems
				necessary to ensure the safety and well-being of the public.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXI - Battery Park City Authority › Part 9003 - Parks Rules And Regulations Of The Battery Park City Authority And The Battery Park City Parks Corporation › Section 9003.4 - Permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When any
				provision of these rules requires a permit as a condition to the performance of
				an act or activity, no such act or activity shall be implemented or commenced
				prior to the receipt of a written permit authorizing such activity, from
				ParksCorp or from its authorized designee or representative with respect to
				such activities.
(b) A permit may
				be granted upon such terms and conditions as ParksCorp shall reasonably impose,
				and shall authorize the permitted acts or activities only insofar as they are
				performed in strict accordance with the terms and conditions thereof. All such
				permits are terminable at will by ParksCorp or the BPCA upon notice to the
				permit holder.
(c) Permits shall be
				applied for on forms prepared and provided by ParksCorp, which forms shall
				require such information as ParksCorp may deem appropriate for the review and
				evaluation of the permit application. ParksCorp may require a permit fee
				established in accordance with section
				9003.45 of this Part. Applications
				for permits shall be evaluated based on:
(1)
				whether the activity is consistent with these rules, the plaza regulations and
				the policies of ParksCorp and BPCA;
(2) whether the activity may interfere with
				the general public's use and enjoyment of the parks or adjacent areas, the
				repair, maintenance, construction, reconstruction, operation, or the staging of
				work for the parks, and other matters related to the sound operation of the
				parks; and
(3) any additional
				matters referred to in section
				9003.25(d)(1) through
				(8) of this Part as may be applicable to this
				activity.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXI - Battery Park City Authority › Part 9003 - Parks Rules And Regulations Of The Battery Park City Authority And The Battery Park City Parks Corporation › Section 9003.5 - Directions of police officers or parks corporation employees; park signs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person shall
				fail, neglect or refuse to comply with the lawful direction or command of any
				police officer or designated employee of ParksCorp or the BPCA, indicated by
				gesture or otherwise.
(b) No person
				shall fail to comply with or obey any instruction, direction, regulation,
				warning, or prohibition, written or printed, displayed or appearing on any park
				sign, except such sign may be disregarded upon order by a police officer or
				designated ParksCorp or BPCA employee.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXI - Battery Park City Authority › Part 9003 - Parks Rules And Regulations Of The Battery Park City Authority And The Battery Park City Parks Corporation › Section 9003.6 - Property and equipment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
				person shall injure, deface, alter, write upon, destroy, remove or tamper with,
				in any way, any real or personal property or equipment in or being used in
				connection with the parks owned by or under the jurisdiction or control of
				ParksCorp or the BPCA.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXI - Battery Park City Authority › Part 9003 - Parks Rules And Regulations Of The Battery Park City Authority And The Battery Park City Parks Corporation › Section 9003.7 - Trees, plants, flowers, shrubs and grass

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person shall
				deface, write upon, injure, sever, mutilate, kill, or remove from the ground
				any trees, plants, flowers, shrubs or other vegetation in the parks or
				otherwise under the jurisdiction of ParksCorp without permission of ParksCorp
				or the BPCA.
(b) No person shall go
				upon or allow any animal or child in his custody to go upon either any
				newly-seeded lawn or grass plot or any lawn or planted area where access is
				prohibited.
(c) No person shall go
				upon or allow any animal or child in his custody to go upon any area enclosed
				by fencing, temporary or permanent, where such fencing or signs posted thereon
				reasonably indicate that entry into such area is forbidden.
(d) No person shall possess any tools
				commonly used for gardening or any plant, tree, shrub or other vegetation, in
				any park except where such possession is specifically designated to be
				permissible by ParksCorp or the BPCA.
(e)No person shall use a metal detector in
				any park except under a permit issued by ParksCorp or BPCA.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXI - Battery Park City Authority › Part 9003 - Parks Rules And Regulations Of The Battery Park City Authority And The Battery Park City Parks Corporation › Section 9003.8 - Littering, refuse, pollution of waters

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person shall litter in any of the
				parks. All persons shall use receptacles provided for the disposal of refuse.
				No refuse generated or collected on property outside the jurisdiction of
				ParksCorp may be taken into, dumped within, or carried through any park, or
				deposited in any park receptacle.
(b) No person shall throw, drop, allow to
				fall, or discharge into or leave in the waters within or adjacent to any park
				(including pools and fountains), or any drain flowing into said waters, any
				substance, liquid or solid, or any litter, debris or refuse which may or will
				result in the pollution or fouling of said waters.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXI - Battery Park City Authority › Part 9003 - Parks Rules And Regulations Of The Battery Park City Authority And The Battery Park City Parks Corporation › Section 9003.9 - Restriction on glass

Current through Register Vol. 46, No. 28, July 10, 2024
ParksCorp may, in its discretion, designate certain parks, or
				  portions thereof, as restricted areas wherein no glass bottles or other glass
				  containers will be permitted. This section shall not apply to glass bottles or
				  containers used in the care and feeding of infant children.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXI - Battery Park City Authority › Part 9003 - Parks Rules And Regulations Of The Battery Park City Authority And The Battery Park City Parks Corporation › Section 9003.10 - Aviation

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall voluntarily bring, land or cause to alight
				  within or upon any park, any airplane, balloon, parachute, hang glider, or
				  other aerial device, except that certain areas may be designated appropriate
				  landing places for medical evacuation helicopters. For the purposes of this
				  section, voluntarily shall mean anything other than a forced landing caused by
				  mechanical or structural failure of the aircraft or other aerial
				  device.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXI - Battery Park City Authority › Part 9003 - Parks Rules And Regulations Of The Battery Park City Authority And The Battery Park City Parks Corporation › Section 9003.11 - Explosives, firearms and weapons

Current through Register Vol. 46, No. 28, July 10, 2024
No person, except a police officer or other peace officer,
				  shall bring into or have in his possession in any park, any firearms,
				  slingshots, firecrackers, missile propelling instruments, air rifles, air
				  pistols, paintball guns, or explosives, including any substance, compound, or
				  mixture having properties or such a character that alone or in combination with
				  other substances, compounds, mixtures, propel missiles, explode or decompose to
				  produce flames, combustion, noise or noxious or dangerous odors, except as
				  specifically permitted by ParksCorp or BPCA. Nothing in this section shall be
				  construed to prohibit the proper use of matches or of charcoal lighter fluid in
				  proper containers in picnic grills where permissible pursuant to the provisions
				  of these rules.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXI - Battery Park City Authority › Part 9003 - Parks Rules And Regulations Of The Battery Park City Authority And The Battery Park City Parks Corporation › Section 9003.12 - Park animals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person shall
				within any park molest, chase, wound, trap, hunt, shoot, throw objects at,
				kill, or remove any animal or have in his possession any undomesticated animal,
				or any significant portion of the remains of any animal, or any nest, or the
				eggs of any amphibian, reptile or bird; or knowingly buy, receive, have in his
				possession, sell or give away any such animal or egg taken from or killed
				within any park.
(b) No person
				shall feed animals in any park except where specifically authorized by
				ParksCorp. ParksCorp may also designate certain areas where all feeding of
				animals is prohibited. It is a violation of this section to feed animals in any
				area where such feeding is prohibited.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter LXXI - Battery Park City Authority › Part 9003 - Parks Rules And Regulations Of The Battery Park City Authority And The Battery Park City Parks Corporation › Section 9003.13 - Commercial fishing

Current through Register Vol. 46, No. 28, July 10, 2024
Commercial fishing is prohibited in waters, in, at or
				  adjacent to all parks.