Subchapter A - General Matters - OATH

Office of Administrative Trials and Hearings

Independent and Impartial Administrative Law Court


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Subchapter A - General Matters

§6-01 Definitions Specific to this Chapter
§6-02 Jurisdiction, Powers and Duties
§6-03 Language Assistance Services
§6-04 Computation of Time

§6-01 Definitions Specific to this Chapter

As used in this chapter:

"Adjournment" means a request made to a Hearing Officer during a hearing to postpone the hearing to a later date.

"Appeals Unit" means the unit authorized under §6-19 of this Title to review hearing officer decisions.

"Appearance" means a communication with the Tribunal or any other participation in a proceeding before the Tribunal by a party, the attorney or representative of a party, or another individual in connection with a summons that is or was pending before the Tribunal. An appearance may be made in person or by remote means at the discretion of the Tribunal, as provided in this title.

"Board" means the Environmental Control Board of the City of New York.

"Charter" means the New York City Charter.

"Chief Administrative Law Judge" means the director and chief executive officer of OATH appointed by the Mayor pursuant to New York City Charter § 1048.

"Hearing Officer" means a person designated by the Chief Administrative Law Judge of OATH, or his or her designee, to carry out the adjudicatory powers, duties and responsibilities of the Tribunal.

"Inspector" means the inspector, public health sanitarian, or other person who conducted the inspection or investigation that resulted in the issuance of a summons.

"OATH" means the New York City Office of Administrative Trials and Hearings, including the OATH Trials Division and the OATH Hearings Division (see section 6-02).

"OATH Hearings Division" means the Health Tribunal, the Environmental Control Board as defined in Charter §1049-a, and the Administrative Tribunal referenced in Title 19 of the Administrative Code of the City of New York.

"OATH Trials Division" means the adjudicatory body authorized to conduct proceedings pursuant to Chapters 1 and 2 of this Title.

"Party" means the Petitioner or the person named as Respondent in a proceeding before the Tribunal.

"Person" means any individual, partnership, unincorporated association, corporation, limited liability company or governmental agency.

"Petitioner" means the governmental or individual who issued a summons.

“Remote means” refers to any means of communication or attendance, as applicable, that does not require the physical presence of a party, representative, or other individual and that has been approved by the Tribunal. At the discretion of the Tribunal, remote means may include, but are not limited to, telephonic communication, postal mail and online communication, including e-mail and videoconferencing.

“Representative” means an individual who is not an attorney admitted to practice in New York State and who is authorized by a Respondent to appear at or before the Tribunal on behalf of the Respondent. An attorney suspended or disbarred in any state or territory may not serve as a Representative.

"Reschedule" means a request made to the Tribunal prior to the scheduled hearing for a later hearing date.

"Respondent" means the person against whom the charges alleged in a summons have been filed.

"Summons" means the document, including a notice of violation, issued by Petitioner to Respondent, which specifies the charges forming the basis of an adjudicatory proceeding before the Tribunal.

"Tribunal" means the OATH Hearings Division.

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§6-02 Jurisdiction, Powers and Duties

Jurisdiction. Pursuant to Charter § 1048, the Tribunal has jurisdiction to hear and determine summonses issued by a City agency or, when permitted by law, an individual, consistent with the following applicable laws, rules and regulations:

In accordance with the delegations of the Commissioner of the Department of Health and Mental Hygiene and the Board of Health, the Tribunal has jurisdiction to hear and determine summonses alleging non-compliance with the provisions of the Health Code codified within Title 24 of the Rules of the City of New York, the New York State Sanitary Code, those sections of the New York City Administrative Code relating to or affecting health within the City and any other laws or regulations that the Department of Health and Mental Hygiene has the duty or authority to enforce.

The Tribunal has jurisdiction to hear and determine summonses returnable to the Board pursuant to §1049-a of the New York City Charter and provisions of the New York City Administrative Code, any rules and regulations made thereunder, or provisions of New York State law, and to conduct special hearings and enforcement proceedings before the Board pursuant to Title 24 of the New York City Administrative Code.

In accordance with Mayoral Executive Order No. 148, dated June 8, 2011, and pursuant to Charter §1048(2), the Tribunal has jurisdiction to hear and determine summonses charging violations of any laws or regulations that the Taxi and Limousine Commission has the duty or authority to enforce, and to impose penalties in accordance with applicable laws, rules and regulations.

General Powers and Duties. The Tribunal, including the Hearing Officers , has the following general powers and duties:

To conduct fair and impartial hearings;

To take all necessary action to avoid delay in the disposition of proceedings;

To maintain order in the functioning of the Tribunal, including the conduct of hearings;

To decide cases and, if applicable, impose fines and other penalties in accordance with law; and

To compile and maintain complete and accurate records relating to the proceedings of the Tribunal, including copies of all summonses served, responses, appeals and briefs filed and decisions rendered by Hearing Officers.

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§6-03 Language Assistance Services

Appropriate language assistance services will be afforded to respondents whose primary language is not English to assist such respondents in communicating meaningfully. Such language assistance services will include interpretation of hearings conducted by Hearing Officers, where interpretation is necessary to assist the respondent in communicating meaningfully with the Hearing Officer and others at the hearing.

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§6-04 Computation of Time

In computing any period of time prescribed or allowed by this chapter, the day of the act or default from which the designated period of time begins to run will not be included, but the last day of the period will be included unless it is a Saturday, Sunday or legal holiday, in which case the period will be extended to the next day which is not a Saturday, Sunday or legal holiday. Unless otherwise specified in this rule, "days" means calendar days.

Unless otherwise specified, whenever a party has the right or is required to do some act within a prescribed period of time after the date of a Tribunal decision, five days will be added to such prescribed period of time if the decision is mailed to the party.

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