(a) The Chairperson, or if he or she designates, the General Counsel for the TLC, may review any determination of the Appeals Unit that interprets any of the following:
(1) A rule set forth in Title 35 of the Rules of the City of New York;
(2) A provision of law set forth in Chapter 5 of Title 19 of the Administrative Code;
(3) A provision of law set forth in Chapter 65 of the Charter.
(b) Upon review of a determination of the Appeals Unit, the Chairperson or the General Counsel may issue a decision adopting, rejecting or modifying the Appeals Unit decision. The Chairperson will be bound by the findings of fact in the record and will set forth his or her decision in a written order. The Chairperson's interpretation of the Commission's rules and the statutes it administers shall be considered agency policy and must be applied in future adjudications involving the same rules or statutes.
(c) Process for Chairperson Review.
(1) Within 30 days of service by OATH of the determination of an appeal by the Appeals Unit of the OATH Hearings Division, either party may petition the Chairperson to reject the determination by delivering a petition to the General Counsel of the TLC and mailing a copy to the adverse party.
(A) Petitions to the Chairperson must state the errors of law that the Petitioner wishes to have reviewed, and must be accompanied by a copy of the decision of the Appeals Unit.
(2) If the respondent delivers and mails such a petition, TLC may submit an answer to the petition within 30 days by delivering such an answer to the General Counsel of TLC and serving it on the respondent. Unless the Chairperson takes action on the respondent's petition within 30 days of its delivery, the determination of the appeal by the Appeals Unit shall become the final decision of the Commission.
(3) If TLC delivers and mails such a petition, within 30 days the Chairperson may notify the respondent that he or she is considering the petition, and within 30 days thereof, the respondent may mail an answer to the General Counsel of TLC. If the Chairperson does not notify the respondent that he or she is considering the petition within 30 days of its receipt, or takes no action on the petition within 30 days of the receipt of respondent's answer or within 60 days of its notification to the respondent if no answer is received, the determination of the appeal by the Appeals Unit shall become the final decision of the Commission.
(4) In reviewing the determination of the Appeals Unit of the OATH Hearings Division, the Chairperson shall be bound by the findings of fact in the decision.
(5) The determination of an appeal by the Appeals Unit that is not acted upon by the Chairperson shall become a final decision of the Commission.
(Amended City Record 2/2/2023, eff. 3/4/2023)