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Adopted Rules: Closed to Comments

Adopted Rules Content: 

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).

Effective Date: 
Fri, 01/04/2019

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Wednesday, September 26, 2018
Proposed Rules Content: 

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 amend 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.

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.

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 the address given above. You may also tell us by telephone at 212-436-0708. Advance notice is requested to allow sufficient time to arrange the accommodation. Please tell us by September 19, 2018.

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

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 laws 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

OATH proposes amendments to 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. Current section 6-14 addresses both general requests for adjournment and requests for adjournment specifically for inspector testimony.  OATH proposes amending 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. 

Proposed 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.

Proposed 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).

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

Subject: 

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

OATH Rules, 212-436-0708

Download Copy of Proposed Rule (.pdf):