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DEP's role in reviewing and pursuing violations
0:43:01
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61 sec
Commissioner Aggarwala explains DEP's role in the complaint review process, including their authority to decide on the validity of complaints and the timelines involved.
- DEP has 45 days to inform complainants whether they will pursue a violation
- If DEP doesn't pursue a complaint, complainants can self-pursue through OATH
- The process allows DEP to filter out potentially invalid complaints before they reach OATH
Rohit T. Aggarwala
0:43:01
Sure.
0:43:01
Thank you, council member, and I'll ask a deputy commissioner to to chime in perhaps with
James F. Gennaro
0:43:06
a few more Call me chairman if you want.
0:43:08
You know?
Rohit T. Aggarwala
0:43:08
I'm sorry?
James F. Gennaro
0:43:09
So, you know, you can call me chairman if you want.
Rohit T. Aggarwala
0:43:12
Okay, Mister chairman.
0:43:13
Sorry.
James F. Gennaro
0:43:14
I'm asking what you read.
0:43:16
It's okay.
0:43:16
So good.
0:43:17
We're friends.
0:43:17
Yeah.
Rohit T. Aggarwala
0:43:18
So the the way that this the law states it now is DEP basically has first dibs, if you will.
0:43:28
Right.
0:43:28
Right.
0:43:29
We have the the right to decide that complaint is valid and likely to succeed based on the case law that's been accumulated by all of these ALJ decisions at at oath.
0:43:41
And if so, the law require law basically requires us within 45 days to tell the complainant whether we are going to pursue it or not.
0:43:51
If we do not pursue it, they are allowed to self pursue.
0:43:55
That's that alternative path.
0:43:57
It requires them to do the paperwork of taking the case to oath.