OATH Final Rule Amending Adjournment Procedures

Adopted Rules: Closed to Comments

Effective Date: 
Friday, January 4, 2019
Agency:
Download Copy of Adopted Rule (.pdf): 

City of New York

Office of Administrative Trials and Hearings

 

Notice of Promulgation of Rule

 

NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED in the Office of Administrative Trials and Hearings (OATH) in accordance with Sections 1049 and 1043 of the New York City Charter that OATH amends sections 6-14 and 6-15 of subchapter C of chapter 6 of title 48 of the rules of the City of New York, concerning adjournments. The proposed rule was published in The City Record on August 27, 2018, and a public hearing was held on September 26, 2018. 

 

No one testified at the public hearing concerning this rule and OATH did not receive any written comments.

 

Statement of Basis and Purpose of Final Rule

 

OATH amends sections 6-14 and 6-15 of subchapter C of chapter 6 of title 48 of the rules of the City of New York, concerning adjournments. Former section 6-14 addressed both general requests for adjournment and requests for adjournment specifically for inspector testimony.  OATH amends sections 6-14 and 6-15 to address separately general requests for adjournment in section 6-14 and requests for adjournment for inspector testimony in section 6-15. 

 

Section 6-14 contains minimal amendments to the rules concerning general requests for adjournment, removing unnecessary language and clarifying that a hearing officer should consider whether a party had a reasonable opportunity to prepare for a hearing, instead of simply an opportunity to prepare.

 

Section 6-15 contains amended versions of the rules formerly in section 6-14(a), (b), and (c) that set forth the limitations to granting an adjournment request for inspector testimony, consistent with the limitations set forth in New York city charter section 1049-a(b-1)(3).