e. The small claims proceedings shall be held within thirty days after the date of filing the petition. Such proceeding, where practicable, shall be held at a location within the county in which the real property subject to review is located. The petitioner and the department shall be advised by mail of the time and place of such proceeding. shall f. The petitioner need not present expert witnesses nor be represented by an attorney at such hearing. Such proceedings shall be conducted on an informal basis in such manner as to do substantial justice between the parties according to the rules of substantive law. The petitioner not be bound by statutory provisions of rules of practice, procedure, pleading or evidence. The hearing officer shall be empowered to compel the department and any other party who performed the work to produce records and other evidence relevant and material to the proceeding. All statements and presentation of evidence made at the hearing by either party shall be made or presented to the hearing officer who shall assure that decorum is maintained at the hearing. The hearing officer shall consider the best evidence presented in each particular case. Such evidence may include but shall not be limited to, photographs of the sidewalk or lots, construction contracts or bills from licensed firms that performed the work to correct the alleged violations. The hearing officer may, if he deems it appropriate, view or inspect the real property subject to review. The petitioner shall have the burden of proving entitlement to the relief sought. 8. All parties are required to appear at the hearing. Failure to appear shall result in the petition being determined upon inquest by the hearing officer based upon the available evidence submitted. h. The hearing officer shall determine all questions of fact and law de novo. 1. The hearing officer shall make a decision in writing with respect to the petition for appeal within thirty days after conclusion of the hearing conducted with respect thereto. The hearing officer's decision may grant the petition in full or in part or may deny the petition. If the hearing officer grants the petition in full or in part, the hearing officer shall award the petitioner costs against the respondent in an amount equal to the fee paid by the petitioner to file the petition for appeal. The hearing officer may award the petitioner costs against the respondent in an amount equal to the fee paid by the petitioner to file the petition for appeal where he deems it appropriate. j. If the hearing officer grants the petition in full or in part, the hearing officer shall order the department and the city collector, where appropriate, to change or correct their records to reflect the determination or order the work corrected and reinspected by a departmental inspector after the work was performed. k. The decision of the hearing officer shall state the findings of fact and the evidence upon which it is based. Such decisions shall be attached to and made part of the petition for appeal and shall be dated and signed. 1. The hearing officer shall promptly transmit the decision to the clerk of the court, who shall file and enter it and the hearing officer shall promptly mail a copy of the decision to the petitioner or the commissioner of the department or the designee of the commissioner and to the city collector, where appropriate. m. No transcript of testimony shall be made of a small claims review hearing. The hearing officer's decision of a petition of appeal shall not constitute precedent for any purpose or proceeding involving the parties or any other person or persons. n. A petitioner to an action pursuant to this section may seek judicial review pursuant to article seventy-eight of the civil practice law and rules provided that such review shall be maintained against the same parties named in the small claims petition. o. The chief administrator of the courts shall adopt such rules of practice and procedure, not inconsistent herewith as may be necessary to implement the appeal procedures hereby established. Such rules shall provide for the scheduling of evening hearings where practicable, the availability of petition forms, and the procedures for the filing of decisions rendered by hearing officers pursuant to the provisions of this section. p. If in the final order in any proceeding, it is determined that the amount due was excessive or improper and ordered or directed that the same be corrected, the city collector shall issue and mail a new notice of such account stating the new amount owed to the person whose name appears on the records of the city collector as being the owner of the premises. If the records of the city collector show that a party other than the Owner has been designated to receive the tax bills for such property, the notice shall be mailed to such party as well as to the owner of record, at his or her last known address, or, if it is a multiple dwelling, service upon the owner or managing agent may be made in accordance with section 27-2095 of the code. If such charge is not paid within ninety days from the date of entry, it shall be the duty of the city collector to charge and receive interest thereon, to be calculated to the date of payment from the date of entry. Where appropriate, if in the final order in any proceeding, it is determined that the amount due was excessive or improper and the owner of the property is entitled to a refund for the excessive amount, the hearing officer shall promptly order and direct such refund within thirty days. 9. If in the final order in any proceeding, it is determined that the final work was improper and ordered or directed that the same be corrected, the department shall issue and mail a new notice of such within thirty days stating when the same will be corrected and by whom, by mail, addressed to the person whose name appears on the records of the city collector as being the owner of the premises. If the records of the city collector show that a party other than the owner has been designated to receive the tax bills for such property, the notice shall be mailed to such party as well as to the owner of record, at his or her last known address, or, if it is a multiple dwelling, service upon the Owner or managing agent may be made in accordance with section 27-2095 of the code. § 12. This act shall take effect on the ninetieth day after it shall have become a law. CHAPTER 814 AN ACT to amend the multiple dwelling law, in relation to approval of certain devices on fire-escape windows and oil-burning equipment Became a law August 7, 1992, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Paragraph c of subdivision 1 of section 53 of the multiple dwelling law, as amended by chapter 599 of the laws of 1968, is amended to read as follows: C. Access to any fire-escape shall not be obstructed by sinks or kitchen fixtures or in any other way. Iron bars, grilles, gates, or other obstructing devices on any window giving access to fire-escapes or to a required secondary means of egress shall be unlawful unless such devices are of a type approved by the board of appeals and are installed and maintained as prescribed by the board; provided, however, that in a city having a population of one million or more, such devices shall be of a type approved, installed and maintained as prescribed by the fire commissioner, or as previously approved and prescribed by the board of standards and appeals of such city, except as otherwise provided by said commissioner. § 2. Subdivision 4 of section 64 of the multiple dwelling law, as amended by chapter 682 of the laws of 1955, is amended to read as follows: 4. It shall be unlawful to use, or to maintain in a condition intended, arranged or designed for use, in any multiple dwelling any oilburning equipment for heating or cooking, unless such equipment has been approved for design, manufacture and appropriate safety and ventilating requirements by the local board of standards and appeals; provided, however, that in a city having a population of one million or more, approval of such equipment for use in any multiple dwelling shall be made by the commissioner of buildings or the fire commissioner, as appropriate, in accordance with local law. § 3. This act shall take effect immediately. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law CHAPTER 815 AN ACT to amend the criminal procedure law, in relation to venue for search warrant applications Became a law August 7, 1992, with the approval of the Governor. Passed on message of necessity pursuant to Article III, section 14 of the Constitution by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section 10.20 of the criminal procedure law is amended by adding a new subdivision 3 to read as follows: 3. Superior courts may, in the discretion of the court, sit as local criminal courts for the following purposes: (a) conducting arraignments, as provided in subdivision one of section 170.15 and subdivision two of section 180.20 of this chapter; (b) issuing warrants of arrests, as provided in subdivision one of section 120.70 of this chapter; and (c) issuing search warrants, as provided in article six hundred ninety of this chapter. § 2. Subdivisions 2 and 3 of section 690.35 of the criminal procedure law are renumbered subdivisions 3 and 4 and a new subdivision 2 is added to read as follows: 2. The application shall be made to: A local criminal court, as defined in section 10.10 of this chapter, having preliminary jurisdiction over the underlying offense, or geographical jurisdiction over the location to be searched when the search is to be made for personal property of a kind or character described in section 690.10 of this article except that: (a) if a town court has such jurisdiction but is not available to issue the search warrant, the warrant may be issued by the local criminal court of any village within such town or, any adjoining town, village embraced in whole or in part by such adjoining town, or city of the same county; (b) if a village court has such jurisdiction but is not available to issue the search warrant the warrant may be issued by the town court of the town embracing such village or any other village court within such town, or, if such town or village court is not available either, before the local criminal court of any adjoining town, village embraced in whole or in part by such adjoining town, or city of the same county; and (c) if a city court has such jurisdiction but is not available to issue the search warrant, the warrant may be issued by the local criminal court of any adjoining town or village, or village court embraced by an adjoining town, within the same county as such city. 3. This act shall take effect on the first day of November next succeeding the date on which it shall have become a law. CHAPTER 816 AN ACT to amend the criminal procedure law, in relation to venue for search warrant applications Became a law August 7, 1992, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Subdivision 3 of section 10.20 of the criminal procedure law, as added by a chapter of the laws of 1992 amending the criminal procedure law relating to venue for search warrant applications, as proposed in legislative bill number S. 21016, is amended to read as follows: 3. Superior [courts] court judges may, in [the] their discretion [of the court], sit as local criminal courts for the following purposes: (a) conducting arraignments, as provided in subdivision [one] two of section 170. 15 and subdivision two of section 180. 20 of this chapter; (b) issuing warrants of arrests, as provided in subdivision one of section 120. 70 of this chapter; and (c) issuing search warrants, as provided in article six hundred ninety of this chapter. § 2. Subdivision 2 of section 690.35 of the criminal procedure law, as added by a chapter of the laws of 1992 amending the criminal procedure law relating to venue for search warrant applications, as proposed in legislative bill number S. 21016, is amended to read as follows: 2. The application shall be made to: (a) A local criminal court, as defined in section 10. 10 of this chapter, having preliminary jurisdiction over the underlying offense, or geographical jurisdiction over the location to be searched when the search is to be made for personal property of a kind or character described in section 690. 10 of this article except that: [(a)] (i) if a town court has such jurisdiction but is not available to issue the search warrant the warrant may be issued by the local criminal court of any village within such town or, any adjoining town, village embraced in whole or in part by such adjoining town, or city of the same county; [(b)] (ii) if a village court has such jurisdiction but is not available to issue the search warrant, the warrant may be issued by the town court of the town embracing such village or any other village court within such town, or, if such town or village court is not available either, before the local criminal court of any adjoining town, village embraced in whole or in part by such adjoining town, or city of the same county; and [(c)] (iii) if a city court has such jurisdiction but is not available to issue the search warrant, the warrant may be issued by the local criminal court of any adjoining town or village, or village court embraced by an adjoining town, within the same county as such city. (b) A local criminal court, as defined in section 10.10 of this chapter, with geographical jurisdiction over the location where the premises to be searched is located, or which issued the underlying arrest warrant, when the search warrant is sought pursuant to paragraph (b) subdivision two of section 690.05 of this article, for the purpose of arresting a wanted person. of Any search warrant issued pursuant to this section shall be subject to the territorial limitations provided by section 690.20 of this article. § 3. This act shall take effect on the same date as such chapter of the laws of 1992 amending the criminal procedure law relating to venue for search warrant applications, as proposed in legislative bill number S. 21016, takes effect. CHAPTER 817 AN ACT to amend the education law, in relation to the practice of respiratory therapy Became a law August 7, 1992, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The education law is amended by adding a new article 164 to read as follows: EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law ARTICLE 164 RESPIRATORY THERAPISTS AND RESPIRATORY THERAPY TECHNICIANS Section 8500. Introduction. 8501. Definition of the practice of respiratory therapy. 8502. Practice of respiratory therapy and use of the title "respiratory therapist". 8503. State board for respiratory therapy. 8504. Requirements for licensure as a respiratory therapist. 8506. Limited permits. cian. 8509. Duties of the practice of respiratory therapy techni of respiratory therapy technicians and use of the title "respiratory therapy technician". 8510. Requirements for licensure as a respiratory therapy tech nician. 8511. Limited permits. 8512. Exempt persons. 8513. Special provisions. § 8500. Introduction. This article applies to the practice of respiratory therapy and provides for the licensing of respiratory therapists and respiratory therapy technicians. The general provisions for all professions contained in article one hundred thirty of this title shall apply to this article. § 8501. Definition of the practice of respiratory therapy. The practice of the profession of respiratory therapy, which shall be undertaken pursuant to the direction of a duly licensed physician, is defined as the performance of cardiopulmonary evaluation, respiratory therapy treatment techniques, and education of the patient, family and public. Evaluation shall include the acquisition, analysis and interpretation of data obtained from physiological specimens, performing diagnostic tests, studies and research of the cardiopulmonary system and neurophysiological studies related to respiratory care. Therapy shall include the application and monitoring of medical gases (excluding anesthetic gases) and environmental control systems, mechanical ventilatory support, artificial airway care, bronchopulmonary hygiene, pharmacologic agents related to respiratory care procedures, and cardiopulmonary rehabilitation related and limited to respiratory care. § 8502. Practice of respiratory therapy and use of the title "respiratory therapist". 1. Only a person licensed or exempt under this article shall practice respiratory therapy or use the title "respiratory therapist". A licensed respiratory therapist may supervise respiratory therapy technicians in the practice of their profession in such capacities as are prescribed by law and as from time to time may be set by the commissioner. § 8503. State board for respiratory therapy. A state board for respiratory therapy shall be appointed by the board of regents on the recommendation of the commissioner for the purpose of assisting the board of regents and the department on matters of professional licensing and conduct in accordance with section sixty-five hundred eight of this title. The board shall be composed of not less than five licensed respiratory therapists, two licensed respiratory therapy technicians, and four additional members who shall include at least one licensed physician and at least one public member. Members of the first board who are respiratory therapy practitioners need not be licensed prior to appointment on the board, provided, however, that the first appointed respiratory therapists shall be registered by a national certifying or accrediting board, acceptable to the department and the first appointed respiratory therapy technicians shall be certified by a national certifying or accrediting board, acceptable to the department. An executive secretary to the board shall be appointed by the board of regents on recommendation of the commissioner. § 8504. Requirements for licensure as a respiratory therapist. To qualify for a license as a respiratory therapist, an applicant shall fulfill the following requirements: 1. Application: file an application with the department; |
