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THE CITY RECORD

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8 Only the hearing officer, press credential holder or the press credential holders attorney may ask questions of any witness.
9 The burden of proof shall be on the New York City Police Department to demonstrate, by a preponderance of the evidence, that the summary suspension was proper based upon the criteria as set for in paragraph 1 of this subsection.
10 An audio record shall be made of all proceedings and, upon request, a copy of the audio record shall be provided to the press credential holder or if represented by counsel to the press credential holders attorney within two 2 business days of such request.
11 Within twenty-one 21 days of the conclusion of the hearing, the hearing officer shall issue a factually detailed, non-conclusory written decision, which shall include the length of the summary suspension if the decision to summarily suspend the press credential has been upheld. Should the hearing officer decide to vacate the summary suspension, the press credential holder shall be notified and the press credential shall be made available for pick up from the office of the Deputy Commissioner, Public Information within one 1 business day.

7 If a press credential is revoked, then the press credential holder shall have the right to reapply for a new press credential one year after the date of the written decision to revoke the press credential.
8 In the event a press credential is revoked, the press credential holder may not obtain and/or use a reserve card during the period of revocation. The revocation of the press credential also revokes the use of any reserve card.
d At all such hearings the applicant will have the right to be represented by counsel. Repealed e The Commanding Officer, Public Information Division, shall hold the above-described hearings and issue a written decision within forty-five 45 days of the conclusion of the hearing. In the event that the appeal is denied, the applicant shall be advised in writing of the basis for the denial. In the event that an applicant for a Single Event Press Card waives the hearing, the appeal will be decided by the Commanding Officer, Public Information Division as soon as practicable after the receipt of the appeal. Repealed 11-12 Review by the Deputy Commissioner, Public Information Repealed
12 Should the hearing officer uphold the summary suspension, the hearing officer shall determine the length of the summary suspension. In deciding the length of any summary suspension, the hearing officer shall consider:

NEW YORK CITY LAW DEPARTMENT
DIVISION OF LEGAL COUNSEL
100 CHURCH STREET
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212-356-4028

i whether the misconduct actually occurred;
ii the severity of any misconduct;
iii the length of time the press credential holder has already been without the press credential;
iv the risk that the press credential holder will engage in future misconduct;
v the penalties imposed in other cases; and vi any other equitable factors raised by the parties at the hearing.
13 In the event a press credential is summarily suspended, the press credential holder may not obtain or use a reserve card during the suspension. The summary suspension of the press credential also suspends the use of any reserve card.
c Whenever the revocation of the above-described press credentials is sought, a hearing shall be provided before such revocation shall take effect. However, if there has been a summary suspension of the press credential which is the subject of the revocation, the hearing for the suspension can also serve as the hearing required herein.
Revocation.
1 The Deputy Commissioner, Public Information may seek to revoke a press credential that has been previously issued based upon:
i two 2 or more legitimate summary suspensions of a press credential within that credentials two 2 year cycle; or ii if the press credential holders continued possession of the press credential creates legitimate safety or security concerns that cannot be resolved by a summary suspension.
2 Whenever revocation of a press credential is sought by the Deputy Commissioner, Public Information, a hearing shall be held before such revocation shall take effect.
3 Should the Deputy Commissioner, Public Information seek revocation of a press credential, the press credential holder shall receive a letter notice via email containing a copy of 38 R.C.N.Y.
11-11 and advising the press credential holder of the date of the hearing. This letter notice shall also include the fact that Deputy Commissioner, Public Information seeks to revoke the press credential and the reasons Deputy Commissioner, Public Information is seeking such revocation.
4 If a summary suspension occurs, Deputy Commissioner, Public Information may also seek revocation of the holders press credential provided the criteria in paragraphs 1 and 3
of this subsection have been met. In that event, the hearing for the summary suspension may also serve as the hearing for the revocation.
5 A revocation hearing shall be governed by the same rules that govern a summary suspension hearing. The burden of proof for the revocation of a press credential shall be on the New York City Police Department to demonstrate, by a preponderance of the evidence, that the revocation was proper in accordance with the criteria as set forth in paragraph 1 of this subsection.
6 Within twenty-one 21 days of the conclusion of the hearing, the hearing officer shall issue a factually detailed, non-conclusory written decision stating the officers determination regarding the press credential.

THURSDAY, JULY 16, 2020

CERTIFICATION PURSUANT TO
CHARTER 1043d RULE TITLE: Amendment of Rules for Suspension or Revocation of Press Credentials REFERENCE NUMBER: 2020 RG 059
RULEMAKING AGENCY: New York Police Department I certify that this office has reviewed the above-referenced proposed rule as required by section 1043d of the New York City Charter, and that the above-referenced proposed rule:
i
is drafted so as to accomplish the purpose of the authorizing provisions of law;

ii
is not in conflict with other applicable rules;

iii to the extent practicable and appropriate, is narrowly drawn to achieve its stated purpose; and iv
to the extent practicable and appropriate, contains a statement of basis and purpose that provides a clear explanation of the rule and the requirements imposed by the rule.

/s/ STEVEN GOULDEN
Acting Corporation Counsel
Date: July 2, 2020

NEW YORK CITY MAYORS OFFICE OF OPERATIONS
253 BROADWAY, 10th FLOOR
NEW YORK, NY 10007
212-788-1400
CERTIFICATION / ANALYSIS
PURSUANT TO CHARTER SECTION 1043d RULE TITLE: Amendment of Rules for Suspension or Revocation of Press Credentials REFERENCE NUMBER: NYPD-11
RULEMAKING AGENCY: New York Police Department I certify that this office has analyzed the proposed rule referenced above as required by Section 1043d of the New York City Charter, and that the proposed rule referenced above:
i
Is understandable and written in plain language for the discrete regulated community or communities;

ii
Minimizes compliance costs for the discrete regulated community or communities consistent with achieving the stated purpose of the rule; and
iii Does not provide a cure period because it does not establish a violation, modification of a violation, or modification of the penalties associated with a violation.
/s/ Francisco X. Navarro Mayors Office of Operations
July 1, 2020
Date

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