BenchNOTES - January 2020

Office of Administrative Trials and Hearings

Independent and Impartial Administrative Law Court


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Licensing

Suspension lifted, timely hearing not provided.

The Taxi and Limousine Commission (“Commission”) suspended respondent driver’s license based on pending criminal charges.

Taxi & Limousine Comm’n v. Singh, OATH Index No. 1245/20 (Jan. 30, 2020), adopted, Comm’r Dec. (Feb. 5, 2020).

Read more about Taxi & Limousine Comm’n v. Singh

Personnel

Whistleblower defense not shown.

Employee charged with excessive absence, and remaining on the job site against her supervisor’s orders on 76 occasions, raised a whistleblower defense.

Dep’t of Social Services v. Anonymous, OATH Index No. 2055/19 (Jan. 7, 2020).

Read more about . Dep’t of Social Services v. Anonymous

Contracts

Extra work claim denied.

In a dispute arising from a $116 million contract to rehabilitate infrastructure at a sewage treatment plant, the contractor sought an additional $48,421.14, claiming the agency’s directive to clean each channel “in its entirety” was extra work.

Jett Industries Inc. v. Dep’t of Environmental Protection, OATH Index No. 2087/19, mem. dec. (Jan. 16, 2020).

Read more about . Jett Industries Inc. v. Dep’t of Environmental Protection