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(a) Community Service After a Hearing.
(1) If a Respondent is eligible for Community Service because the Specified Violation is sustained after a hearing as described in 48 RCNY § 7-02, the Respondent will receive a Decision that gives the Respondent the option either to complete Community Service or to pay the applicable monetary civil penalty by a specified date. If the Respondent wants to complete Community Service, the Respondent may contact OATH's Help Center to schedule Community Service. If the Decision gives the option to complete one or two-hours of Community Service, the Respondent may complete OATH's online Community Service course.
(2) If a Respondent fails to complete the Community Service as set forth in 48 RCNY §§ 7-04 and 7-05, the applicable monetary civil penalty will be reinstated. The monetary civil penalty will be due and owing thirty (30) days from the date of the Decision, or thirty-five (35) days if the Decision is mailed.
(b) Admitting by Completing OATH's Online Community Service Course on or Before a Hearing Date.
(1) A Respondent who wants to admit to a Specified Violation that has a one- or two-hour community service requirement in accordance with 48 RCNY § 7-02 will have the option of admitting to the Specified Violation by completing OATH's online Community Service course on or before the hearing date. The completion of the online Community Service course constitutes an admission to the violation.
(2) If a Respondent fails on or before the hearing date to complete OATH's online Community Service course or pay the applicable monetary penalty, and does not appear at the hearing, the Respondent will be in default pursuant to 48 RCNY § 6-20.
(Added City Record 6/13/2017, eff. 6/13/2017; amended City Record 9/4/2018, eff. 10/4/2018; amended City Record 6/17/2019, eff. 7/17/2019)
The number of hours of Community Service imposed will correspond to the amount of the monetary civil penalty imposed for a Specified Violation, consistent with Section 1049(4)(e) of the Charter. The number of hours of Community Service for each Specified Violation is in the chart set forth in 48 RCNY § 7-02(a).
(Added City Record 6/13/2017, eff. 6/13/2017)
(a) A Respondent must complete either the Community Service assigned by OATH's Help Center or, if applicable, OATH's online Community Service course.
(b) Deadline to Complete Community Service.
(1) If a Respondent is completing Community Service after a hearing was held, the Community Service must be completed by the date specified in the Decision, unless otherwise specified in a notice granting an extension, or an order issued, pursuant to 48 RCNY § 7-07.
(2) If a Respondent is admitting by completing OATH's online Community Service course, the online Community Service course must be completed on or before the hearing date.
(c) Certificate of Completion.
(1) Within two (2) days after the specified date of completion in a Decision, a notice granting an extension, or an order issued, pursuant to 48 RCNY § 7-07, the Help Center must provide to Respondent either:
(A) a Certificate of Completion indicating that the Community Service was completed by the specified date; or
(B) a Certificate of Non-Completion indicating that the Community Service was not completed by the specified date.
(2) If a Respondent completes OATH's online Community Service course, the Respondent will receive immediate confirmation that the online Community Service course was completed.
(d) If a Respondent who either receives a Certificate of Non-Completion, or does not receive immediate confirmation that the online Community Service course was completed, believes that they have timely completed Community Service, they may contact OATH's Clerk's Office. The Clerk's Office will review any information or documentation submitted in support of Respondent's claim that Community Service was completed on time. The burden of proof is on the Respondent to show timely completion of the Community Service. If the Clerk's Office finds that Community Service was completed on time, Respondent will not have to pay the monetary civil penalty.
(Added City Record 6/13/2017, eff. 6/13/2017; amended City Record 9/4/2018, eff. 10/4/2018; amended City Record 6/17/2019, eff. 7/17/2019)
(a) A Respondent may request an extension of time to complete the Community Service through the Help Center prior to the deadline to complete the Community Service specified in the Decision.
(b) Extensions of time to complete Community Service are not available for Respondents who wish to admit to the Specified Violation by completing OATH's online Community Service course on or before the hearing date.
(c) (1) OATH's Help Center may grant a request for an extension to complete Community Service for good cause shown. In determining whether there is good cause for an extension, the Help Center will consider factors such as the following:
(A) The length of extension requested;
(B) The number of hours of Community Service to be completed and the amount of the monetary civil penalty that would be due;
(C) The number of prior extensions requested;
(D) Whether the need for the extension is due to factors beyond Respondent's control or due to extraordinary circumstances; and
(E) Whether a portion of the Community Service has been completed.
(2) A denial of a request for an extension is not subject to appeal at OATH.
(3) A request for extension of time to complete Community Service will not extend the date by which a Respondent must pay the monetary civil penalty. If a request for an extension is denied, the Respondent must either complete the Community Service by the date specified in the Decision, or pay the applicable monetary civil penalty thirty (30) days from the date of the Decision or thirty-five (35) days if the Decision is mailed.
(Added City Record 6/17/2019, eff. 7/17/2019)
(a) If a Respondent who has chosen to perform Community Service instead of paying a monetary civil penalty timely appeals the Decision sustaining the Specified Violation, pursuant to 48 RCNY § 6-19, the part of the Decision ordering completion of Community Service will be stayed until a decision on the appeal is issued. A Respondent will not be required to complete the Community Service or pay the applicable monetary civil penalty in order to file an appeal.
(b) If a Respondent's appeal is denied, the Respondent must either complete the Community Service within twenty (20) days of the date of the appeal decision, or pay the monetary civil penalty, unless otherwise specified in a notice granting an extension.
(Added City Record 6/13/2017, eff. 6/13/2017; renumbered City Record 6/17/2019, eff. 7/17/2019)
(a) If a decision on an appeal sustains a Specified Violation, reversing a Hearing Officer's Decision to dismiss that violation, a Respondent may choose to perform Community Service instead of paying the monetary civil penalty. Within ten (10) days of the date of the appeal decision, the Respondent must inform OATH of his or her decision to perform Community Service by filing a request, on a form provided by OATH, with the Clerk's Office. If the Respondent fails to do so within ten (10) days of the date of the decision on the appeal, the monetary civil penalty will be due and owing immediately.
(b) If the Respondent chooses to perform community service, Respondent will receive an order granting a timely request and imposing a deadline to complete the Community Service. The monetary civil penalty will be due and owing if the Respondent fails to perform the Community Service by the deadline in the order.
(Added City Record 6/13/2017, eff. 6/13/2017; renumbered City Record 6/17/2019, eff. 7/17/2019)