reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXI - Metropolitan Transportation Authority › Subchapter A - All-agency Rules And Regulations › Part 1001 - Public Access To Records › Section 1001.2 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This Part, governing public access to certain records of
					 the authority, is promulgated solely for the purpose of implementing the
					 provisions of the Freedom of Information Law. Nothing in this Part shall be
					 deemed to require the authority to reduce any information to physical form or
					 prepare any record not possessed or maintained by it, except the records
					 specified in section
					 1001.5 of this
					 Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXI - Metropolitan Transportation Authority › Subchapter A - All-agency Rules And Regulations › Part 1001 - Public Access To Records › Section 1001.3 - Applications for and the inspection and copying of records

Current through Register Vol. 46, No. 28, July 10, 2024
An application to inspect or to copy information
					 constituting records under this Part shall be made to the secretary. Such
					 application shall be made in writing either by letter or on a form provided by
					 the authority and shall reasonably describe the record sought. Such description
					 shall, when possible, include information regarding dates, file designations
					 and such other information that may assist in describing the record sought.
					 Within five business days following receipt of such application, if the
					 secretary determines that the information requested constitutes a record as
					 defined in this Part, such requested records, if found, shall be made available
					 for inspection by the applicant, or the applicant shall be furnished with a
					 written acknowledgment of receipt of the application including the approximate
					 date when the application will be granted or denied. Records shall be made
					 available for inspection during regular office hours on regular working days at
					 the location or locations within the authority's facilities designated by the
					 secretary. If the requested records cannot be found after diligent search, the
					 secretary shall so certify if requested. If the application is denied, the
					 secretary shall so advise the applicant in writing, stating the reason therefor
					 and indicating the procedure available for appealing such denial as provided in
					 this Part. The secretary shall provide, if requested, copies of records to the
					 applicant therefor, together with his certification as to the correctness of
					 such copies, upon receipt of payment of the fees prescribed in this
					 Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXI - Metropolitan Transportation Authority › Subchapter A - All-agency Rules And Regulations › Part 1001 - Public Access To Records › Section 1001.4 - Prevention of unwarranted invasions of personal privacy

Current through Register Vol. 46, No. 28, July 10, 2024
Notwithstanding anything to the contrary contained in this
					 Part, the authority may, prior to making records available for inspection or
					 copying, delete such identifying details as the authority may deem appropriate
					 to prevent an unwarranted invasion of personal privacy. Without limiting the
					 generality of the preceding sentence, an unwarranted invasion of personal
					 privacy will be deemed otherwise to occur by the disclosure of the information,
					 should it constitute a record under this Part, enumerated below in this
					 section, unless the person to whom the record pertains consents in writing to
					 disclosure of such information or unless such information pertains to the
					 person requesting same (and such person presents reasonable proof of
					 identity):
(a) such personal matters
				  as may have been reported in confidence to the authority and which are not
				  relevant to the ordinary work of the authority;
(b) employment, medical or credit histories
				  or personal references of applicants for employment;
(c) items involving the medical or personal
				  records of a client or patient in a hospital or medical facility;
(d) items of a personal nature, when
				  disclosure would result in economic or personal hardship to the subject party
				  and such records are not relevant to the work of the agency requesting or
				  maintaining it;
(e) items which
				  would be deemed an unwarranted invasion of personal privacy under the
				  guidelines promulgated by the Committee on Public Access to Records;
				  and
(f) lists of names and
				  addresses if such lists would be used for commercial or fundraising
				  purposes.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXI - Metropolitan Transportation Authority › Subchapter A - All-agency Rules And Regulations › Part 1001 - Public Access To Records › Section 1001.5 - Records not available for inspection or copying

Current through Register Vol. 46, No. 28, July 10, 2024
Notwithstanding anything to the contrary contained in this
					 Part, the following items of information, should they otherwise be deemed
					 records, shall not be available for public inspection or copying:
(a) information that is specifically exempted
				  from disclosure by State or Federal statute;
(b) information which, if disclosed, would
				  impair present or imminent contract awards or collective bargaining
				  negotiations;
(c) trade secrets or
				  other records submitted to the authority by a commercial enterprise or derived
				  from information obtained from a commercial enterprise and which, if disclosed,
				  would cause substantial injury to the competitive position of the subject
				  enterprise;
(d) information which
				  is part of investigatory files compiled for law enforcement purposes, which, if
				  disclosed, would interfere with law enforcement investigations or judicial
				  proceedings; would deprive a person of a right to a fair trial or impartial
				  adjudication; would identify a confidential source or disclose confidential
				  information relating to a criminal investigation; or would reveal criminal
				  investigative techniques or procedures, except routine techniques and
				  procedures;
(e) information which,
				  if disclosed, would endanger the life or safety of any person;
(f) communications between or among the
				  authority and other agencies (as the word agency is defined in the Freedom of
				  Information Law) and intra-authority materials which are not:
(1) statistical or factual tabulations or
				  data;
(2) instructions to staff
				  that affect the public;
(3) final
				  authority policy or determinations;
(4) external audits, including but not
				  limited to audits performed by the comptroller and the Federal
				  Government;
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXI - Metropolitan Transportation Authority › Subchapter A - All-agency Rules And Regulations › Part 1001 - Public Access To Records › Section 1001.6 - Maintenance of certain records

Current through Register Vol. 46, No. 28, July 10, 2024
The authority shall maintain and make available for public
					 inspection and copying, in accordance with this Part:
(a) a record of the final vote of each member
				  of the authority in every authority proceeding in which the member
				  votes;
(b) a record setting forth
				  the name, public office address, title and salary of every officer and employee
				  of the authority; and
(c) a
				  reasonably detailed list, by subject matter, of all records in the possession
				  of the authority, whether or not available under the Freedom of Information
				  Law.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXI - Metropolitan Transportation Authority › Subchapter A - All-agency Rules And Regulations › Part 1001 - Public Access To Records › Section 1001.7 - Appeals from denials of access to records

Current through Register Vol. 46, No. 28, July 10, 2024
Any party denied access to a record or records of the
					 authority may, within 30 days, appeal such denial to the chairman of the
					 Metropolitan Transportation Authority, or his or her designee. Such appeal
					 shall be made in writing and shall be accompanied by such party's written
					 application for such records. The chairman shall determine such appeal, and if
					 he denies such access his reasons therefor shall be explained fully in writing
					 within 10 business days following receipt of notice of such
					 appeal.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXI - Metropolitan Transportation Authority › Subchapter A - All-agency Rules And Regulations › Part 1001 - Public Access To Records › Section 1001.8 - Fee for copies

Current through Register Vol. 46, No. 28, July 10, 2024
The fee for copies of records is hereby fixed at 25 cents
					 for each page or portion of a page measuring up to 9 inches by 14 inches, or
					 the actual cost of reproducing any other record, except when a different fee is
					 otherwise prescribed by statute.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXI - Metropolitan Transportation Authority › Subchapter A - All-agency Rules And Regulations › Part 1002 - Prompt Payment › Section 1002.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
This statement is intended to establish rules and
					 regulations as required under section
					 2880 of
					 the Public Authorities Law regarding prompt payment. Subject to the conditions
					 and exceptions set forth in section 2880 and this Part, in the event any proper
					 invoice is not paid promptly, the applicable authority shall be liable for the
					 payment of interest on late payments. This policy shall apply to all contracts
					 entered into on or after April 30, 1988.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXI - Metropolitan Transportation Authority › Subchapter A - All-agency Rules And Regulations › Part 1002 - Prompt Payment › Section 1002.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the following terms shall have the
					 following meanings unless otherwise specified:
(a) Corporation means the Metropolitan
				  Transportation Authority, the New York City Transit Authority, the Manhattan
				  and Bronx Surface Transit Operating Authority, the Staten Island Rapid Transit
				  Operating Authority, the Long Island Rail Road Company, the Metro-North
				  Commuter Railroad Company, the Metropolitan Suburban Bus Authority, the
				  Triborough Bridge and Tunnel Authority, or the Metropolitan Transportation
				  Authority Card Company, as the case may be.
(b) Contract means an enforceable agreement
				  entered into by a contractor and the corporation, including but not limited to
				  written contracts and purchase orders, written or oral requests for goods or
				  services, including public utility services and lease agreements.
(c) Contractor means any person, partnership,
				  firm, corporation or association, including public utilities and not-for-profit
				  organizations:
(1) selling materials,
				  equipment, or supplies or leasing property or equipment to the corporation;
				  or
(2) constructing,
				  reconstructing, rehabilitating or repairing buildings, highways or other
				  improvements for, or on behalf of, the corporation; or
(3) rendering or providing services to the
				  corporation pursuant to a contract.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXI - Metropolitan Transportation Authority › Subchapter A - All-agency Rules And Regulations › Part 1002 - Prompt Payment › Interest Eligibility › Section 1002.3 - Eligible payments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) With
					 the exception of the payments described in subdivision (b) of this section,
					 every payment of funds to a contractor pursuant to a contract, and every
					 payment of interest pursuant to this Part, is eligible for interest whenever
					 the payment is not made by the required payment date, unless failure to make
					 such payment is the result of a lien, attachment or other legal process against
					 the money due the contractor. Notwithstanding the foregoing, interest shall not
					 be paid that amounts to less than $10.
(b) Payments are not eligible for interest
					 under this Part when they are due and owing by the corporation:
(1) under the Eminent Domain Procedure
					 Law;
(2) as interest allowed on
					 judgments rendered by a court, except to the extent that interest is incurred
					 under this Part prior to the date of the notice of intent to file a claim, the
					 date of a notice of claim, or the date on which a legal action for the payment
					 of such interest is commenced, whichever occurs first;
(3) to the Federal government; to any State
					 agency or its related instrumentalities; to any duly constituted unit of local
					 government, including but not limited to counties, cities, towns, villages,
					 school districts, special districts or any of their related instrumentalities;
					 to any public authority or public benefit corporation; or to employees of the
					 corporation when acting in, or incidental to, their public employment capacity;
					 and
(4) in situations where the
					 corporation exercises a legally authorized setoff against all or part of the
					 payment due the contractor.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXI - Metropolitan Transportation Authority › Subchapter A - All-agency Rules And Regulations › Part 1002 - Prompt Payment › Interest Calculation › Section 1002.4 - Required payment date

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Effective through June 30, 1989, the required payment date shall be 45 calendar
					 days after the ROI date.
(b)
					 Effective July 1, 1989, the required payment date shall be 30 calendar days,
					 excluding legal holidays, after the ROI date.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXI - Metropolitan Transportation Authority › Subchapter A - All-agency Rules And Regulations › Part 1002 - Prompt Payment › Interest Calculation › Section 1002.5 - Receipt of invoice date

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Effective through June 30, 1989. Except where adjusted pursuant to section
					 1002.8,
					 1002.9,
					 1002.10,
					 1002.11, 1002.12 or
					 1002.13 of this Part, the ROI date
					 shall be:
(1) in the case of final payments
					 on capital construction contracts, 30 calendar days after the date on which the
					 contract work has been accepted by the project manager or chief engineer of the
					 corporation or their designee;
(2)
					 in the case of contracts which require that the contractor be paid at
					 predetermined intervals, other than leases, licenses or permits relating to the
					 use of real property, the 45th calendar day prior to each payment date
					 specified in the contract, or the date upon which a proper invoice, if
					 required, is submitted, whichever date is later; or
(3) in the case of periodic payments pursuant
					 to leases, licenses or permits relating to the use of real property for which
					 an invoice is not required by the instrument, the 45th day prior to the last
					 day under the instrument on which payment may be made without penalty, or the
					 45th day prior to the 20th day after the payment due date where the instrument
					 does not provide for a penalty upon late payment;
(4) in the case of interest payments required
					 to be paid pursuant to this Part, the payment date for the late payment as to
					 which interest is due;
(5) in all
					 other cases, the date of the receipt of a proper invoice as defined in section
					 1002.2(g) of this
					 Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXI - Metropolitan Transportation Authority › Subchapter A - All-agency Rules And Regulations › Part 1002 - Prompt Payment › Interest Calculation › Section 1002.6 - Interest eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Effective through June 30, 1989, interest shall be calculated and paid at the
					 daily rate pursuant to section
					 1002.7 of this Part on all
					 interest-eligible payments, as determined in accordance with section
					 1002.3 of this Part, when the
					 payment date is more than 45 calendar days after the ROI date.
(b) Effective July 1, 1989, interest shall be
					 calculated and paid at the daily rate pursuant to section
					 1002.7 of this Part on all
					 interest-eligible payments, as determined in accordance with section
					 1002.3 of this Part, when the
					 payment date is more than 30 calendar days, excluding legal holidays, after the
					 ROI date.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXI - Metropolitan Transportation Authority › Subchapter A - All-agency Rules And Regulations › Part 1002 - Prompt Payment › Interest Calculation › Section 1002.7 - Computation of interest payment

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Interest under this Part shall be computed at the daily rate in effect on the
					 date the interest is paid, as set by the State Tax Commission for corporate
					 taxes pursuant to section
					 1096 (e)(1) of the Tax
					 Law.
(b) Interest payments on
					 amounts due to a contractor pursuant to this Part shall be paid to the
					 contractor for the period beginning on the day after the required payment date
					 and ending on the payment date.
(c)
					 In the case of interest payments on amounts due to a contractor pursuant to
					 this Part under a lease, license or permit in relation to the use of real
					 property, where the instrument provides for a penalty for late payment, the
					 corporation shall pay the contractor the greater of the interest the contractor
					 would be entitled to pursuant to this Part, or the penalty provided for under
					 the instrument, but not both.
(d)
					 In no event shall interest accrue beyond the date of a notice of intention to
					 file a claim, the date of a notice of a claim, or the date commencing a legal
					 action for the payment of such interest, whichever occurs first.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXI - Metropolitan Transportation Authority › Subchapter A - All-agency Rules And Regulations › Part 1002 - Prompt Payment › Adjustment of Roi Date › Section 1002.8 - Inspection or audit

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The ROI date
					 shall be adjusted in accordance with subdivision (b) or (c) of this section
					 whenever, in accordance with specific provisions of statute, regulation or the
					 contract, payment must be preceded by an inspection period or by an audit to
					 determine the resources applied or used by a contractor in fulfilling the terms
					 of the contract or otherwise to verify that the work, goods or services billed
					 for were provided in accordance with the contract.
(b) Except as provided in subdivision (c) of
					 this section, where a contract provides for an inspection or audit period, the
					 ROI date shall be the original ROI date increased by the lesser of:
(1) the number of days provided for the
					 inspection or audit; or
(2) the
					 number of days actually utilized for the inspection or audit; provided,
					 however, that where the audit or inspection period began prior to the date of
					 receipt of an invoice, the ROI date shall be the date that the required
					 inspection or audit has been completed, or the date that the statutory,
					 regulatory or contractual inspection or audit period ends, whichever date is
					 earlier, but in no event shall the ROI date be earlier than the date of the
					 receipt of an invoice as defined in section
					 1002.2(g) of this
					 Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXI - Metropolitan Transportation Authority › Subchapter A - All-agency Rules And Regulations › Part 1002 - Prompt Payment › Adjustment of Roi Date › Section 1002.9 - Lack of appropriation or funds

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The ROI date shall be determined in
					 accordance with subdivision (b) of this section whenever the necessary Federal,
					 State or local government appropriation or action required to authorize payment
					 has yet to be enacted or taken or the funds have not been released.
(b)
(1)
					 Except in the situations covered by paragraph (2) of this subdivision, the ROI
					 date shall be the effective date of the required appropriation, action or
					 release of funds.
(2) Where the ROI
					 date would otherwise be determined in accordance with section
					 1002.5(a)(2) of
					 this Part and the appropriation or action to authorize payment is not in effect
					 on the payment date specified in the contract or the funds have not been
					 released, the ROI date shall be the ROI date determined in accordance with
					 section 1002.5(c)(2) of
					 this Part increased by the number of days between the payment date specified in
					 the contract and the date the appropriation or action is effective or the funds
					 are released.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXI - Metropolitan Transportation Authority › Subchapter A - All-agency Rules And Regulations › Part 1002 - Prompt Payment › Adjustment of Roi Date › Section 1002.10 - Government review of invoice

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 The ROI date shall be determined in accordance with subdivision (b) of this
					 section whenever a proper invoice must be examined by the Federal, State or a
					 local government prior to payment or whenever payment of an invoice must be
					 processed by an entity, including but not limited to a government agency or
					 public authority that is not under the corporation's control.
(b) The ROI date shall be the original ROI
					 date increased by a number of days equal to the number of days between the date
					 that the corporation transmits the invoice to the Federal, State or local
					 government for examination and the date that the corporation receives the
					 approved invoice from the government entity following its review or the number
					 of days between the date that the corporation submits the invoice for payment
					 to an entity not under its control and the date on which that entity pays the
					 invoice.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXI - Metropolitan Transportation Authority › Subchapter A - All-agency Rules And Regulations › Part 1002 - Prompt Payment › Adjustment of Roi Date › Section 1002.11 - Noncompliance with contract

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 ROI date shall be determined in accordance with subdivision (c) of this section
					 whenever the goods or property have not been delivered or the services have not
					 been rendered by the contractor in compliance with the terms or conditions of
					 the contract, including but not limited to over- or under-shipment of
					 goods.
(b) The corporation shall
					 notify the contractor in what respect the delivered goods or the rendered
					 services are not in compliance with the contract. The notice shall further
					 inform the contractor of what action the corporation requires by the contractor
					 in order to rectify the areas of noncompliance.
(c) The ROI date shall be the original ROI
					 date increased by a number of days equal to the number of days between the date
					 that the agency sends a written notice to the contractor that the delivered
					 goods or the rendered services are not in compliance with the contract and the
					 date that the areas of noncompliance are resolved to the corporation's
					 satisfaction.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXI - Metropolitan Transportation Authority › Subchapter A - All-agency Rules And Regulations › Part 1002 - Prompt Payment › Adjustment of Roi Date › Section 1002.12 - Capital construction contracts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The ROI date shall be adjusted whenever,
					 in the case of any payments on capital construction contracts, the
					 corporation's project manager or chief engineer or their designee determines
					 that the contractor has failed to properly submit the necessary documents and
					 other materials prescribed by or provided for in the contract specifications,
					 terms and conditions, or requirements, or by any applicable local, State and
					 Federal law or regulation, in order to enable the corporation to process the
					 payment properly and expeditiously.
(b) The corporation's project manager or
					 chief engineer or their designee shall send written notice to the contractor of
					 his failure to submit the necessary documents and materials. The notice shall
					 indicate all documents and materials required.
(c) The ROI date shall be the original ROI
					 date increased by the number of days beginning on the date that the
					 corporation's project manager or chief engineer or their designee sends written
					 notice to the contractor of his failure to submit the necessary documents and
					 materials and ending on the date that the corporation receives the necessary
					 documents and materials.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXI - Metropolitan Transportation Authority › Subchapter A - All-agency Rules And Regulations › Part 1002 - Prompt Payment › Adjustment of Roi Date › Section 1002.13 - Notice of defects

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 corporation shall have 15 calendar days after receipt of an invoice at its
					 designated payment office to notify the contractor of (1) defects in the
					 delivered goods, property or services, (2) defects in the invoice, or (3)
					 suspected improprieties of any kind.
(b) Except as provided in subdivision (c) of
					 this section, when the corporation notifies a contractor of such defects or
					 suspected improprieties and the contractor thereafter submits a corrected
					 invoice or delivers corrected goods or services, the ROI date shall be the date
					 upon which the corrected invoice or corrected goods or services are received by
					 the corporation. If a corrected invoice or corrected goods or services are not
					 required, the ROI date shall be the date upon which the corporation determines
					 that the suspected improprieties have been resolved.
(c) If the corporation fails to notify a
					 contractor of such defects or suspected improprieties within 15 calendar days
					 of receipt of an invoice, the ROI date, as determined by subdivision (b) of
					 this section, shall be adjusted to an earlier date by the number of days equal
					 to the days in excess of 15 that the corporation took after receipt of an
					 invoice to notify the contractor of the defects or suspected
					 improprieties.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXI - Metropolitan Transportation Authority › Subchapter A - All-agency Rules And Regulations › Part 1002 - Prompt Payment › Miscellaneous › Section 1002.14 - Sources of funds

Current through Register Vol. 46, No. 28, July 10, 2024
For interest payments required by this Part covering
						invoices on purchased goods, property or services which are other than capital
						in nature, the corporation may use operating revenues, State and local
						operating assistance funds, State and local tax subsidies, investment income,
						and any other sources of operating funds which are or may become available for
						such purpose. For interest payments required by this Part covering invoices on
						purchased goods, property or services which are of a capital nature, the
						corporation may use any available governmental capital appropriations,
						Triborough Bridge and Tunnel Authority Investment Income, MTA Investment
						Income, and any other sources of capital funds which are or may become
						available for such purpose.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXI - Metropolitan Transportation Authority › Subchapter A - All-agency Rules And Regulations › Part 1002 - Prompt Payment › Miscellaneous › Section 1002.15 - No waiver or estoppel

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
					 acceptance or other certificate given by the corporation under this Part or the
					 payment of interest, shall be construed to waive or estop the corporation from
					 asserting any claim or right relating to any defect or nonconformity in any
					 goods, work or services, whether patent or latent, regardless of when
					 discovered.
(b) No obligation or
					 liability for interest, nor the actual payment of any such interest under this
					 Part, shall be construed as indicating or implying that the contractor's
					 performance relating to such payment was in all respects satisfactory,
					 acceptable, proper or in conformance with the contract documents, and the fact
					 that the corporation may have paid or be obligated to pay such interest, shall
					 not preclude the corporation from later determining that the work performed or
					 goods delivered, as the case may be, was not satisfactory or acceptable or
					 proper or in conformance with the contract.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXI - Metropolitan Transportation Authority › Subchapter A - All-agency Rules And Regulations › Part 1002 - Prompt Payment › Miscellaneous › Section 1002.16 - Review

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
					 determination made by the corporation pursuant to this Part that prevents the
					 commencement of or interrupts the time in which interest will be paid shall be
					 subject to administrative review. A contractor aggrieved by any such
					 determination of the corporation shall, within 30 calendar days of the date of
					 the determination or the payment of the invoice, whichever is later, submit a
					 notice of intention to make a claim for interest in writing to the comptroller
					 of the corporation. The notice of intention to make a claim for interest shall
					 include an identification of the contract, by date and number, under which the
					 claim is made, the date on which a proper invoice was submitted, or on which
					 the goods or services were delivered, or on which payment was otherwise due,
					 the reason given by the corporation, if any, for why commencement of the time
					 in which interest was to be paid was prevented or interrupted, and the facts
					 and circumstances which, in the contractor's opinion, show that the
					 commencement of the time in which interest was to be paid should not have been
					 prevented or interrupted.
(b) A
					 notice of intention to make a claim for interest under this section must be
					 received by the comptroller of the corporation no later than 30 days from the
					 determination of the corporation being challenged or the payment of the
					 invoice, whichever is later. Within 30 calendar days of timely receipt of a
					 proper and complete notice of intention to submit a claim for interest, the
					 comptroller of the corporation shall either deny the claim or grant the claim
					 in whole or in part. If the comptroller grants the claim in whole or in part,
					 the corporation shall, within seven calendar days, excluding legal holidays,
					 pay the contractor the additional interest to which he is entitled. A failure
					 by the comptroller to rule on a claim within this section within 30 calendar
					 days shall be deemed a denial of such claim.
(c) A determination by the comptroller of the
					 corporation adverse to the contractor either in whole or in part shall be
					 subject to judicial review in a proceeding pursuant to article 78 of the Civil
					 Practice Law and Rules. No determination by the corporation under this Part
					 which has not first been reviewed by the comptroller of the corporation
					 pursuant to this section shall be subject to judicial review.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXI - Metropolitan Transportation Authority › Subchapter A - All-agency Rules And Regulations › Part 1002 - Prompt Payment › Miscellaneous › Section 1002.17 - Recovery of Interest

Current through Register Vol. 46, No. 28, July 10, 2024
In any case where the corporation has paid interest under
						this Part and later determines that the interest was wrongly or incorrectly
						paid, whether because of a mistaken calculation of delay in payment or of
						interest due, or because the payment made, or any part of it, was not properly
						due to the contractor for any reason, or because of any other circumstance or
						state of facts, the corporation may recover the interest wrongly or incorrectly
						paid by means of a demand to the contractor for the repayment of the interest
						or a setoff against future payments to the contractor or by any other lawful
						means, including a court action or proceeding.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXI - Metropolitan Transportation Authority › Subchapter A - All-agency Rules And Regulations › Part 1003 - Fares › Section 1003.1 - Applicability of this Part

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions contained in this Part are applicable to
					 each of the authorities listed in section
					 1000.1 of this Title, except the
					 Triborough Bridge and Tunnel Authority ("TBTA"). For information concerning
					 travel via the facilities of the TBTA, refer to Subchapter B, Part 1021, of
					 this Title.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXI - Metropolitan Transportation Authority › Subchapter A - All-agency Rules And Regulations › Part 1003 - Fares › Section 1003.2 - Schedules of fares and service

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  For travel via the facilities of the New York City Transit Authority, the
				  Manhattan and Bronx Surface Transit Operating Authority and the Staten Island
				  Rapid Transit Operating Authority:
(1) the
				  schedule of fares is available at customer service booths; and
(2) the schedule of service is available by
				  writing to the NYCTA Information Center, 370 Jay Street, Brooklyn, NY
				  11201.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXI - Metropolitan Transportation Authority › Subchapter A - All-agency Rules And Regulations › Part 1003 - Fares › Section 1003.3 - Terms and conditions of travel and fare media

Current through Register Vol. 46, No. 28, July 10, 2024
Fares for travel via the authorities' facilities may from
					 time-to-time be revised by the board of the Metropolitan Transportation
					 Authority. The purchase of a fare for travel subjects the purchaser to the
					 terms and conditions for travel via the facility for which transportation is
					 purchased. The purchase of fare media subjects the purchaser to the terms and
					 conditions relating to the use of such fare media. All such terms and
					 conditions, which include procedures for the redemption of unused fare media,
					 are available by writing to the appropriate authority at the address listed in
					 section 1003.2 of this
					 Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXI - Metropolitan Transportation Authority › Subchapter A - All-agency Rules And Regulations › Part 1003 - Fares › Section 1003.4 - Special/discount fares

Current through Register Vol. 46, No. 28, July 10, 2024
The authorities may offer from time-to-time special fares
					 or special fare media for tour, experimental or promotional purposes, or to
					 offer discounts from its fares for such purposes.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXI - Metropolitan Transportation Authority › Subchapter A - All-agency Rules And Regulations › Part 1003 - Fares › Section 1003.5 - Intermodal fares

Current through Register Vol. 46, No. 28, July 10, 2024
The authorities may offer for sale fares for travel both on
					 its facilities and the facilities of other operators at aggregate amounts which
					 comprise the fare of the applicable authority and the other operator's fare
					 pursuant to arrangement with such operator or with an appropriate public
					 agency.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXI - Metropolitan Transportation Authority › Subchapter A - All-agency Rules And Regulations › Part 1004 - Debarment of Contractors › Section 1004.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part
				  establishes rules and regulations governing the debarment of contractors by the
				  Metropolitan Transportation Authority and its subsidiaries and affiliates, as
				  required by Section
				  1279-h of the Public Authorities Law,
				  which was enacted on and made effective immediately as of April 12, 2019. Once
				  adopted, it shall apply to all contracts that were in effect on, or entered
				  into after, April 12, 2019.
(b)
				  Nothing in this Part shall preclude or otherwise limit the Authority, as
				  defined below, from assessing the responsibility of any bidder, contractor,
				  subcontractor, or supplier pursuant to its All-Agency Responsibility Guidelines
				  or from prohibiting any bidder, contractor, subcontractor, or supplier found to
				  be not responsible from responding to new and future contract solicitations or
				  from being awarded new and future contracts or subcontracts.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXI - Metropolitan Transportation Authority › Subchapter A - All-agency Rules And Regulations › Part 1004 - Debarment of Contractors › Section 1004.3 - Grounds for Debarment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  board of the Authority may debar a contractor pursuant to section
				  1004.6 if it approves a
				  recommendation to debar by a hearing panel made pursuant to section
				  1004.5 and
				  1004.6, including that the
				  contractor has:
(1)
(i) failed to substantially complete all the
				  work within the total adjusted time frame by more than ten percent of the total
				  adjusted time frame, or
(ii)
				  failed to progress the work in a manner so that it will be substantially
				  complete within ten percent of the total adjusted time frame and has refused or
				  in the opinion of the Authority is unable to accelerate the work so that it
				  will be substantially complete within ten percent of the total adjusted time
				  frame, and such refusal or failure is an event of default under the contract;
				  or
(iii) with respect to contracts
				  for services, or for manufacture or supply of materials, equipment, or rolling
				  stock, as to any such services, materials, equipment or rolling stock that must
				  be delivered by a deadline, materially failed to deliver such services,
				  materials, equipment, or rolling stock by more than ten percent of the total
				  adjusted time frame.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXI - Metropolitan Transportation Authority › Subchapter A - All-agency Rules And Regulations › Part 1004 - Debarment of Contractors › Section 1004.4 - Notice of Intent to Debar and Written Response

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To commence a debarment proceeding, the
				  Authority shall provide a written notice of intent to debar to the contractor,
				  advising the contractor that it will hold a hearing to make a final
				  determination as to whether a ground for debarment exists. At a minimum, the
				  notice of intent to debar shall:
(1) state the
				  facts upon which the Authority made its preliminary finding that one or both
				  statutory grounds for debarment exists, including the basis for determining as
				  provided in section
				  1004.3 of this Part that the
				  contractor failed to timely Substantially Complete or the Authority's
				  calculation of costs arising from claims determined to be invalid,
				  and
(2) provide the contractor 30
				  calendar days after the date of the notice of intent to debar to
				  respond.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXI - Metropolitan Transportation Authority › Subchapter A - All-agency Rules And Regulations › Part 1004 - Debarment of Contractors › Section 1004.5 - Debarment Hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A debarment
				  hearing shall be conducted within:
(1) 21
				  calendar days from the Authority's receipt of a contractor's written response
				  to a notice of intent to debar or within such further reasonable time that the
				  authority shall proscribe; or
(2)
				  14 calendar days after the date the contractor's response was due, if no
				  response is received from the contractor within the deadline, or within such
				  further reasonable time that the authority shall proscribe.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXI - Metropolitan Transportation Authority › Subchapter A - All-agency Rules And Regulations › Part 1004 - Debarment of Contractors › Section 1004.6 - Debarment Determination and Ratification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) After consideration of the defenses
				  raised by the contractor, and after the hearing is completed, the panel shall
				  make a recommendation as to whether all of the facts and circumstances
				  reasonably justify debarment.
(b)
				  The panel's determination shall be by majority vote and set forth in writing.
				  If the debarment determination is that the contractor shall be debarred, the
				  panel shall recommend that the term of the contractor's debarment shall be five
				  years from the date of the ratification of the debarment determination. The
				  panel may, in its discretion, also seek to debar any of the following related
				  entities or individuals:
(i) if the panel
				  finds that the contractor was created as a single or limited purpose entity to
				  execute and perform the contract which is the subject of the debarment hearing;
				  or
(ii) if the panel finds a
				  material and knowing causal connection between such entity or individual and
				  the ground for the contractor's debarment:
(1) the contractor's parent(s), subsidiaries
				  and affiliates;
(2) any joint
				  venture (including its individual members) and any other form of partnership
				  (including its individual members) that includes a contractor or a contractor's
				  parent(s), subsidiaries, or affiliates of a contractor,
(3) a contractor's directors, officers,
				  principals, managerial employees, and any person or entity with a ten percent
				  or more interest in a contractor;
(4) any legal entity controlled, or ten
				  percent or more of which is owned or controlled, by a contractor, or by any
				  director, officer, principal, managerial employee of contractor, or by any
				  person or entity with a 10 percent or greater interest in contractor, including
				  without limitation any new entity created after the date of the notice of
				  intent to debar. If the panel seeks to debar any such related entity or
				  individual, it shall issue a written notice of intent to debar to each such
				  entity or individual and provide each a reasonable opportunity to be heard on
				  the issue of whether they had a material and knowing causal connection to the
				  conduct and circumstances underlying the contractor's debarment.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXI - Metropolitan Transportation Authority › Subchapter B - Triborough Bridge and Tunnel Authority › Part 1020 - General Provisions › Section 1020.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Vehicular
				  crossings. Bridges and tunnels (including plazas and approaches) under the
				  jurisdiction of the Triborough Bridge and Tunnel Authority.
(b) Roadway. That part of bridges, tunnels,
				  plazas and approaches designed for the use of vehicles.
(c) Vehicle. That in or on which anything is
				  carried or a contrivance fitted with wheels.
(d) Motorcycle. Includes all motor-operated
				  vehicles of the bicycle or tricycle type.
(e) Passenger auto. Includes every type of
				  motor-driven vehicle used for the transportation of passengers and registered
				  as such, including taxicabs and cars rented for hire, but excluding
				  buses.
(f) Bus. Includes all motor
				  vehicles used for the transportation of 10 or more persons, including
				  operator.
(g) Truck. Any
				  motor-driven vehicle operated on a public highway, except those classified as
				  buses, taxicabs, passenger autos, tractors and trailers or semitrailers as
				  defined herein.
(h) Tractor. A
				  motor-driven vehicle designed for drawing other vehicles but having no
				  provision for carrying loads independently.
(i) Trailer and semitrailer. A vehicle
				  without motive power drawn by a motor-driven vehicle.
(j) Operator. The driver or any person who
				  pushes, draws, propels, operates or is in charge of a vehicle.
(k) Parking. The standing or waiting on any
				  roadway of any vehicle not actually engaged in taking up or setting down
				  passengers or property. This definition does not apply to disabled
				  vehicles.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXI - Metropolitan Transportation Authority › Subchapter B - Triborough Bridge and Tunnel Authority › Part 1020 - General Provisions › Section 1020.2 - Use of official seal

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall adopt, use or affix the official seal
					 adopted by the Triborough Bridge and Tunnel Authority, as incorporated herein,
					 without the written approval of the executive officer and chief engineer or
					 deputy chief engineer.
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New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXI - Metropolitan Transportation Authority › Subchapter B - Triborough Bridge and Tunnel Authority › Part 1020 - General Provisions › Section 1020.3 - Damaging authority property

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall damage, mark or deface any structure or
					 appurtenance under the control of the Triborough Bridge and Tunnel Authority.
					 The owner or driver of any vehicle using a vehicular crossing shall be
					 severally liable for any defacement or injury to the structure or Triborough
					 Bridge and Tunnel Authority equipment caused by such vehicle or by an act of
					 any occupant of such vehicle.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXI - Metropolitan Transportation Authority › Subchapter B - Triborough Bridge and Tunnel Authority › Part 1020 - General Provisions › Section 1020.4 - Stalled vehicles

Current through Register Vol. 46, No. 28, July 10, 2024
Stalled vehicles may be removed from the vehicular
					 crossings by the Triborough Bridge and Tunnel Authority, and such removal will
					 be at the owner's risk.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXI - Metropolitan Transportation Authority › Subchapter B - Triborough Bridge and Tunnel Authority › Part 1020 - General Provisions › Section 1020.5 - Transportation of hazardous materials

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall transport in or upon a vehicular crossing
					 any hazardous materials unless permitted under the rules and regulations
					 governing transportation of hazardous materials via Triborough Bridge and
					 Tunnel Authority facilities, as set forth in Parts 1024 and 1025 of this
					 Title.