The Enforcement Unit is responsible for managing any litigation by the various units of the Bureau of Public Health Protection. When education and discussion fail to obtain compliance with applicable articles of the Suffolk County Sanitary Code or the Local Laws of Suffolk County, the Department has developed policy to obtain said compliance through a sequence of administrative hearings.
The Bureau of Public Health Protection holds three types of administrative actions: waiver hearings, stipulated agreements and full formal administrative hearings
The majority of hearings that are held are done in a waiver format via the mail. Many of these cases are settled and involve payment of a fine based upon a guilty plea.
Stipulated agreements are hearings in which the respondent and the hearing officer come to an agreement via a stipulation. The respondent agrees to correct the violation and may pay a negotiated fine. When an agreement cannot be reached between the respondent and the department, a full formal administrative hearing is held
As the name implies, the format for a formal hearing is more structured and is regulated by the New York State Administrative Law. It is an administrative tool used to gain compliance with State and local Sanitary Codes enforced by the Department. Formal hearings are scheduled for those cases that require a written record of the proceedings and are presided over by a hearing officer designated by the Commissioner
Violators of the Suffolk County Sanitary Code are subject to the imposition of a civil penalty not exceeding $2,000 for each violation. Each day or part of the day the violation continues shall constitute a separate violation.