OATH Proposed Amendments to Chapter 7 (Community Service Rules)

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, August 17, 2018

Statement of Basis and Purpose of Proposed Rule

 The Office of Administrative Trials and Hearings (OATH) proposes amendments to 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. The proposed 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 proposed 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

Public Hearing
Subject: 

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Public Hearing Date: 
Friday, August 17, 2018 -
10:00am to 11:00am
Contact: 

OATH, (212) 436-0708

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