OATH Final Rule Amending Appellate Procedures

Adopted Rules: Closed to Comments

Effective Date: 
Thursday, January 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) in accordance with Sections 1049 and 1043 of the New York City Charter that OATH repeals and restates section 6-19 of subchapter D of chapter 6, and amends section 5-04 of chapter 5 of Title 48 of the Rules of the City of New York, concerning the appellate procedures at OATH. 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. Upon further review, OATH made one additional amendment adding a new paragraph (4) to section 6-19(d) that clarifies that a request for an extension to file an appeal does not extend the time by which a respondent must pay the penalty pursuant to section 6-18 of Title 48. This reflects OATH’s current practice of requiring proof of payment of a penalty when a Respondent files a request for an extension of time to file an appeal.

Statement of Basis and Purpose of Final Rule

The Office of Administrative Trials and Hearings (“OATH”) repeals and restates 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 also made 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.
  • Former section 6-19(b) provided that the Appeals Unit only considered 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 amends 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.