Title 48: Office of Administrative Trials and Hearings (OATH)

Chapter 1: Rules of Practice Applicable to Cases at the OATH Trials Division

(Amended City Record 6/1/2015, eff. 7/1/2015)

Subchapter A: General Matters

§ 1-01 Definitions.

As used in this chapter:

   Administrative law judge. "Administrative law judge" means the person assigned to preside over a case, whether the Chief Administrative Law Judge or a person appointed by the Chief Administrative Law Judge.

   Agency. "Agency" means any commission, board, department, authority, office or other governmental entity authorized or required by law to refer a case to OATH, regardless of whether the agency is petitioner or respondent in such a case.

   Appearance. "Appearance" means a communication with the OATH Trials Division or any other participation in a proceeding before the OATH Trials Division by a party, the attorney or representative of a party, or another individual in connection with a petition that is or was pending before the OATH Trials Division. An appearance may be made in person or, at the discretion of the OATH Trials Division, by remote means.

   CAPA. "CAPA" means the City Administrative Procedure Act, Sections 1041 to 1047 of the New York City Charter ("Charter").

   Case. "Case" means an adjudication pursuant to CAPA, Section 1046 of the Charter, referred to OATH pursuant to Section 1048 of the Charter.

   Chief Administrative Law Judge. "Chief Administrative Law Judge" means the director and chief executive officer of OATH appointed by the mayor pursuant to Section 1048 of the Charter.

   Electronic means. "Electronic means" means any method of transmission of information between computers or other machines designed for the purpose of sending and receiving such transmissions, and which allows the recipient to reproduce the information transmitted in a tangible medium of expression, e.g. facsimile transmission and e-mail.

   Filing. "Filing" means submitting papers to OATH, whether in person, by mail, or by electronic means, for inclusion in the record of proceedings in a case.

   Mailing. "Mailing" means the deposit, in a post office or official depository under the exclusive care and custody of the United States Postal Service, of a paper enclosed in a first class postpaid wrapper, addressed to the address designated by a person for that purpose or, if none is designated, at such person's last known address.

   OATH. "OATH" means the Office of Administrative Trials and Hearings, including the OATH Trials Division and the OATH Hearings Division (see 48 RCNY § 6-02).

   OATH Trials Division. "OATH Trials Division" means the adjudicatory body authorized to conduct proceedings pursuant to 48 RCNY Chapters 1 and 2.

   Petition. "Petition" means a document, analogous to a complaint in a civil action, which states the claims to be adjudicated.

   Petitioner. "Petitioner" means a party asserting claims.

   Remote means. "Remote means" refers to any means of communication or attendance, as applicable, that does not require the physical presence of a party, representative, or other individual and that has been approved by the OATH Trials Division. At the discretion of the OATH Trials Division, remote means may include, but are not limited to, telephonic communication, postal mail and online communication, including e-mail and videoconferencing.

   Respondent. "Respondent" means a party against whom claims are asserted.

   Trial. "Trial" means a proceeding before an administrative law judge in the OATH Trials Division. Such proceedings may either be conducted in person or, at the discretion of the OATH Trials Division, by remote means.

(Amended City Record 6/1/2015, eff. 7/1/2015; amended City Record 7/8/2016, eff. 8/7/2016; amended City Record 10/13/2021, eff. 10/13/2021)

§ 1-02 Jurisdiction.

   Pursuant to Section 1049(3) of the Charter, OATH's jurisdiction includes the authority to render any ruling or order necessary and appropriate under applicable law or agency rule for the just and efficient adjudication of cases.

§ 1-03 Applicability.

   This chapter applies to the conduct of all cases, including trials, pre-trial and post-trial matters, except to the extent that this chapter may be superseded by CAPA or other provision of law.

(Amended City Record 6/1/2015, eff. 7/1/2015)

§ 1-04 Construction and Waiver.

   This title will be liberally construed to promote just and efficient adjudication of cases. This title may be waived or modified on such terms and conditions as may be determined in a particular case to be appropriate by an administrative law judge.

(Amended City Record 7/8/2016, eff. 8/7/2016)

§ 1-05 Effective Date.

   This chapter is effective on the first day permitted by CAPA, § 1043(e), and applies to all cases brought before the OATH Trials Division. However, for cases initiated prior to the effective date of these rules, no act which was valid, timely or otherwise proper under the rules applicable at the time of the act will be rendered improper by the subsequent effectiveness of this chapter.

(Amended City Record 7/8/2016, eff. 8/7/2016)

§ 1-06 Computation of Time.

   Periods of days prescribed in this chapter will be calculated in calendar days, except that when a period of days expires on a Saturday, Sunday or legal holiday, the period will run until the next business day. Where this chapter prescribes different time periods for taking an action depending whether service of papers is personal or by mail, service of papers by electronic means will be deemed to be personal service, solely for purposes of calculating the applicable period of time.

(Amended City Record 7/8/2016, eff. 8/7/2016)