In some cases, you can respond to an NOV by mail and avoid an in-person hearing. Typically, cases that can be resolved by mail are those in which the defense relies on a document (for example, a deed, permit or license).
Are you eligible?
Only certain cases are eligible to be heard by mail. Information on your NOV will help you determine if you are eligible. To be eligible, you must meet both of the following criteria:
- The field on your NOV, "Petitioner to appear, if hearing," must be blank.
- The rule / section of law or the violation code written on your NOV must appear in the table below.
| Type of Case Heard |
Rule(s) or Section(s) |
Violation Code(s) |
| Abandoned Vehicle |
1224(7) |
V01 |
| Canine Waste |
NYS Public Health 1310 |
K09 |
| Deceased Respondent |
N/A |
N/A |
Disputed Ownership,
Agency, or Control |
N/A |
N/A |
| Emissions |
24-163 |
E1E - E1H
E51
E88 |
| Health Code |
| 11.66 |
153.05 |
| 131.041 |
153.07 |
| 139.05 |
153.19 |
| 139.07(a) |
161.01 |
| 141.03(1) |
161.03 |
| 151.03(1) |
161.04 |
| 153.01 |
161.05 |
| 153.03 |
181.17 |
|
H27
H30
H32 - H65
H99 |
| Recycling |
16 RCNY 1-08, 1-09, 1-10 |
R |
| Sanitation |
16-116(a) - (b)
16-118(1) - (4)
16-118(6)
16-118(7)(a) - (b)
16-120(a) - (e)
16-123
16-127(a)
16-122(b) - (c) |
S01
S02
S04 - S12
S16 - S26
S6M
S96 - S97 |
What do you need to do?
If you think are eligible for a hearing by mail, you should gather any supporting documents and write your response to the NOV. ECB provides questionnaires for some type of violations. It is recommended that you download the appropriate questionnaire and submit answers to any relevant questions as part of your response. Please refer to the chart below to download the appropriate form.
Your written response will be your testimony before ECB and must be sworn before a notary public. It should include all the facts and arguments that you want to present to ECB in your defense. Send your sworn testimony and supporting documentation to:
Environmental Control Board
Mail Adjudications Unit
66 John Street, 10th Floor
New York, NY 10038
If you have questions about mailing your response, please call (212) 361-1400 or 311.
What happens?
An Administrative Law Judge (ALJ) will consider your written response along with any supporting documents that you have submitted and will make a decision based on the NOV and the information that you provided. In some instances, you may be asked to provide additional information. You will receive the ALJ's decision and order in the mail.
Please note that some hearing-by-mail cases, in the end, cannot be resolved by mail. If ECB decides that your case cannot be resolved by mail, you will be notified and given an in-person hearing date. Any material that you submitted will be returned to you. However, you should keep copies of all materials that you mail to ECB.
Hearing by Mail
