OATH Proposed Amendments to Appellate Procedure Rules

Proposed Rules: Open to Comments

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Agency:
Comment By: 
Wednesday, September 26, 2018

City of New York

Office of Administrative Trials and Hearings

 

Notice of Public Hearing and Opportunity to Comment on Proposed Rule

 

What are we proposing? The Office of Administrative Trials and Hearings (OATH) proposes to repeal and restate section 6-19 of subchapter D of chapter 6, and amend section 5-04 of chapter 5 of Title 48 of the Rules of the City of New York, concerning the appellate procedures at OATH.

 

When and where is the Hearing? OATH will hold a public hearing on the proposed rule. The public hearing will take place from 10:00 a.m. through 11:30 a.m. on September 26, 2018. The hearing will be in the OATH Conference Room located at 66 John Street, 10th Floor, New York, NY 10038.

 

This location has the following accessibility option(s) available: Wheelchair Accessible.

 

How do I comment on the proposed rules? Anyone can comment on the proposed rule by:

 

 

 

  • Mail.  You can mail written comments to OATH, Attention: Simone Salloum, Senior Counsel, 100 Church Street, 12th Floor, New York, NY 10007.

 

  • Fax. You can fax written comments to OATH, Attention: Simone Salloum, Senior Counsel, at 646-500-5742.

 

  • Hearing.  You can speak at the hearing. Anyone who wants to comment on the proposed rule at the public hearing must sign up to speak. You can sign up before the hearing by calling OATH at 212-436-0708, or you can also sign up in the hearing room before the hearing begins on September 26, 2018. You can speak for up to three (3) minutes.

 

Is there a deadline to submit written comments? You may submit written comments up to 5:00 p.m. on September 26, 2018.

 

What if I need assistance to participate in the Hearing? You must tell us if you need a reasonable accommodation of a disability at the Hearing. You must tell us if you need a sign language interpreter. You can tell us by mail at 100 Church Street, 12th Floor, New York, NY 10007. You may also tell us by telephone at 212-436-0708. You must tell us by September 19, 2018.

 

Can I review the comments made on the proposed rule? You can review the comments that have been submitted online by visiting the NYC rules website at http://rules.cityofnewyork.us/. A few days after the hearing, a transcript of the hearing and copies of the written comments will be available to the public at OATH, 66 John Street, 10th Floor, New York, NY 10038.

 

What authorizes OATH to make this rule? Section 1049(2)(a) of the New York City Charter (“City Charter”) authorizes OATH to make this proposed rule. This proposed rule was included in OATH’s regulatory agenda for this Fiscal Year.

 

Where can I find OATH’s rules? OATH’s rules are in Title 48 of the Rules of the City of New York.

 

What rules govern the rulemaking process? OATH must meet the requirements of Section 1043(b) of the City Charter when creating or changing rules. This notice is made according to the requirements of Sections 1043(b) and 1049(2)(a) of the City Charter.

 

 

Statement of Basis and Purpose of Proposed Rule

 

The Office of Administrative Trials and Hearings (“OATH”) proposes to repeal and restate Section 6-19 of Subchapter D of Chapter 6 of the Rules of the City of New York, concerning OATH’s appellate procedures. The restated Section 6-19 clarifies the appellate procedures, simplifies the language, and re-organizes the rules to make them easier to read and understand. In addition to providing clearer appellate procedures, OATH is also proposing the following substantive changes to the rules:

 

  • A respondent who has chosen to perform community service instead of paying a monetary penalty is not required to pay the penalty as a condition to filing an appeal.  This comports with Section 7-06(a) of OATH’s rules on community service.

 

  • A party who requests an extension of time to file an appeal or respond to an appeal will be granted one automatic extension of thirty (30) days.  A request for an audio recording of the hearing will no longer provide an automatic extension of a party’s time to appeal.  After the automatic extension has been granted, any additional requests for an extension of time will be granted for good cause shown.

 

  • Additional submissions by either party on an appeal other than the appeal and response will not be considered unless requested by the Appeals Unit.

 

  • Current section 6-19(b) provides that the Appeals Unit only considers evidence that was presented to a hearing officer at the hearing. Now, upon good cause shown, the Appeals Unit may consider dispositive government records, such as a death certificate or deed to establish a material fact or defense.

 

OATH also proposes to amend section 5-04 of chapter 5 of title 48 of the Rules of the City of New York so that the requirement in section 19-506.1(c) of the New York City Administrative Code that respondents are not required to pay penalties, fines, or restitution in order to file an appeal is reflected in OATH’s rules.

 

This proposal was included in OATH’s FY 2018 and 2019 Regulatory Agendas.

Public Hearing
Subject: 

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Public Hearing Date: 
Wednesday, September 26, 2018 -
10:00am to 11:30am
Contact: 

OATH Rules, 212-436-0708

Location: 
10th Floor Conference Room
66 John Street 10th Floor
New York, NY 10038