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 a new Chapter 7 of Title 48 of the Rules of the City of New York, concerning the community service program established by OATH pursuant to new subdivision four of New York City Charter Section 1049, which was added by Local Law 73 of 2016.
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 May 1, 2017. 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, Assistant General Counsel, 66 John Street, 10th Floor, New York, NY 10038.
- Fax. You can fax written comments to OATH, Attention: Simone Salloum, Assistant General Counsel, at 212-361-1900.
- 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 Elizabeth Nolan at 212-436-0708, or you can also sign up in the hearing room before the hearing begins on May 1, 2017. You can speak for up to three (3) minutes.
Is there a deadline to submit written comments? You may submit written comments up to the close of business on May 1, 2017.
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. You must tell us by April 24, 2017.
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(4)(g) of the 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(4)(g) of the City Charter.
Statement of Basis and Purpose of Proposed Rule
The Office of Administrative Trials and Hearings (OATH) proposes a new Chapter 7 of Title 48 of the Rules of the City of New York, describing OATH’s community service program, mandated by New York City Charter Section 1049(4).
The New York City Council passed the Criminal Justice Reform Act (CJRA) to create the opportunity for civil enforcement of low-level, non-violent offenses. This legislation became law on June 13, 2016. As part of the CJRA, Local Law 73 added new provisions to section 1049 of the NYC Charter that require OATH Hearing Officers to offer an option to perform community service in lieu of paying a monetary civil penalty for certain specified violations of the Administrative Code and certain violation of rules of the Department of Parks and Recreation (DPR).
Local Law 73 added subsection 1049(4) to the NYC Charter. This section requires that an OATH Hearing Officer offer a respondent who has been accused of committing a specified violation of the Administrative Code or of DPR’s rules the option to perform community service instead of paying a monetary civil penalty. Local Law 73 defines community service broadly to include attendance at programs that are either in-person or web-based, which are designed to benefit, improve, or educate either the community or the respondent. Section 1049(4)(b) provides a list of “Specified Violations” that are eligible for community service. The Charter also provides guidelines as to the amount of community service to be performed in lieu of payment of the monetary civil penalty. Section 1049(4)(g) grants OATH the authority to promulgate rules necessary for carrying out the Charter requirements concerning community service. Specifically, OATH is required to promulgate rules that specify the correspondence between the amount of community service offered and the amount of civil penalties imposed. OATH has structured several community service program offerings, each of which has a set number of hours that correlate to the benchmark set forth in Local Law 73 of 2016.
This proposed rule describes OATH’s community service program and the procedures a respondent must follow to request and complete community service. Proposed new Chapter 7 contains the following:
- A definitions section, which defines terms such as Community Service, Community Service Provider, and Specified Violations;
- A chart of Specified Violations for which community service is an option, including the applicable monetary penalty and the corresponding number of community service hours;
- The procedures a respondent must follow to choose the community service option;
- The procedure and requirements to timely complete community service or request an extension to complete community service;
- The consequences for failure to timely complete community service; and
- The procedure for appealing a decision after a respondent has chosen the community service option.