OATH Proposed Rule Amending Chapter 7 concerning its community service program

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Tuesday, April 23, 2019
Download Copy of Proposed Rule (.pdf): 

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 Chapter 7 of Title 48 of the Rules of the City of New York, concerning the community service program established by OATH pursuant to subdivision 4 of Section 1049 of the New York City Charter. 

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. to 11:00 a.m. on April 23, 2019. The hearing will be held 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 Elizabeth Nolan at 212-436-0708, or you can also sign up in the hearing room before the hearing begins on April 23, 2019. 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 April 23, 2019.

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 April 16, 2019.

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? Section1049(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 amendments to section 7-01, subdivisions (a) and (b) of section 7-02, section 7-03, and section 7-05 of Chapter 7 of Title 48 of the Rules of the City of New York, concerning OATH’s community service program established by section 1049(4) of the New York City Charter (City Charter).  In addition, OATH proposes to renumber sections 7-06 and 7-07 as sections 7-07 and 7-08, respectively, and add a new section 7-06 to such Chapter.  

OATH began offering community service to eligible respondents in June 2017 as part of the Criminal Justice Reform Act (Local Law 73 for the year 2016).  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 was enacted on June 13, 2016. As part of the CJRA, Local Law 73 added new provisions to section 1049 of the City 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 of the City of New York and certain violations of rules of the Department of Parks and Recreation (DPR). A respondent is eligible to complete community service if they have either admitted to a specified violation before a hearing or if a specified violation was sustained against them after a hearing. A table of specified violations can be found in § 7-02 below. 

Currently, respondents may only complete community service in-person, including a one-hour e-learning (learning which is conducted on a computer) course administered at an OATH Hearings Division location. Commencing in the summer of 2019, respondents will have the option to fulfill a one- or two-hour community service requirement by completing an online Community Service course from any computer. The proposed amendments describe the procedures by which respondents may now complete community service either before or after a hearing, including the process by which respondents can admit to a Specified Violation by completing the online Community Service course, on or before the hearing date.

The proposed amendments to section 7-01 remove the definition of “community service provider” since OATH is now managing the community service program. The proposed amendments to section 7-02 clarify that a respondent may now admit to a specified violation before the hearing date without appearing before a hearing officer.

The proposed amendments also relocate the provisions that govern community service extensions from subdivisions (c) and (d) of section 7-05 to a new section 7-06, and clarify that extensions do not apply to respondents who wish to admit to the Specified Violation by completing the online Community Service course. Due to the creation of a new section 7-06, former sections 7-06 and 7-07 are renumbered.

Public Hearing
Subject: 

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Public Hearing Date: 
Tuesday, April 23, 2019 -
10:00am to 11:00am
Contact: 

OATH Rules - 212-436-0708

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