OATH Notice of Promulgation - Amendments to Chapter 7 - Community Service Rules

Adopted Rules: Closed to Comments

Effective Date: 
Thursday, October 4, 2018
Agency:

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) pursuant to New York City Charter section 1049(4)(g) that OATH amends sections 7-02, 7-03, and 7-05 of Chapter 7 of Title 48 of the Rules of the City of New York, concerning the community service program established by OATH pursuant to subdivision four of New York City Charter section 1049, which was added by Local Law 73 of 2016. 

The proposed rule was published in The City Record on July 18, 2018, and a public hearing was held on August 17, 2018. No one attended or testified at the public hearing concerning this rule and OATH did not receive any written comments. 

Statement of Basis and Purpose of Rule

OATH amends sections 7-02, 7-03, and 7-05 of Chapter 7 of Title 48 of the Rules of the City of New York concerning OATH’s community service program, mandated by New York City Charter section 1049(4). These amendments reflect changes to the process by which a respondent may choose community service and request extensions to complete community service. These amendments also restructure the community service hour requirements.

OATH began offering community service to eligible respondents in June 2017 as part of the Criminal Justice Reform Act. The following amendments to Chapter 7 reflect changes in process that OATH will implement as part of its continued evaluation and review of the community service program:

  • Clarifies that respondents do not have to choose community service during the hearing. If found in violation, eligible respondents will receive a decision that provides the option either to pay the monetary penalty or to complete community service. If an eligible respondent wants to complete community service, the respondent now must contact OATH’s community service provider after the hearing. The prior process required the hearing officer to offer the community service before the hearing had concluded. The new process will allow respondents a greater opportunity to learn more about the community service program before making the decision to perform community service.
  • Removes the deadline to request an extension to complete community service in order to give more flexibility to the community service provider in granting community service extensions.
  • Restructures the community service hour requirements to lower the hour requirements for higher penalties while complying with the benchmark set forth in New York City Charter section 1049(4). This will enable a greater number of respondents to participate in the community service program.