Q&A
DEP's authority to dismiss complaints
0:44:02
·
104 sec
Council Member Gennaro seeks clarification on DEP's authority to dismiss complaints and the options available to complainants if their complaint is dismissed. Deputy Commissioner Lubin provides insights into the process.
- DEP has the authority to dismiss complaints if evidence is insufficient
- If DEP dismisses a complaint, the citizen cannot pursue it further
- There is no appeal process available to complainants if DEP dismisses their complaint
James F. Gennaro
0:44:02
Right.
0:44:02
But I I just wanna drill down on that a little bit.
0:44:05
Because that would be and I guess a reason for so DEP gets the first opportunity, and and it theoretically could sort of pass on that opportunity because it just can't get to it within the requisite amount of time.
0:44:25
Mhmm.
0:44:25
And so so once the EP's so called clock is up, then the complainant can has has given a DP now can take it to to oath.
0:44:38
Mhmm.
0:44:38
And I understand how that works, but if there is a determination made by DEP that the that the that the evidence is insufficient, fraudulent, whatever, does DEP have the ability to completely dismiss that case or it it goes back to the complainant to make their case to oh, notwithstanding the fact that DEP has found the violation to be I'm just wondering whether DEP has the ability to just completely dismiss a violation and and that's the end of it.
Julie Lubin
0:45:18
Right.
0:45:19
If if we find that the evidence is insufficient, the citizen could not pursue it.
0:45:24
They can pursue it if we are too late.
0:45:27
We don't we don't review it in time.
James F. Gennaro
0:45:29
Right.
0:45:29
Okay.
0:45:30
And so so DEP does have the ability to dismiss a violation deputy commissioner.
0:45:37
Right?
Julie Lubin
0:45:38
Right.
0:45:39
We say it it doesn't meet the it's like not having a prima facia case that
James F. Gennaro
0:45:44
they
Julie Lubin
0:45:44
can't go forward.
