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of all cases, including trials, pre-trial and post-trial matters, except to the extent that this chapter may be superseded by CAPA or other provision of law.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

§ 1-07 Filing of Papers.

   (a)   Generally. Papers may be filed at OATH in person, by mail or by electronic means.

   (b)   Headings. The subject matter heading for each paper sent by personal service, mail or electronic means must indicate the OATH index number where one has been assigned pursuant to 48 RCNY § 1-26(b).

   (c)   Means of service on adversary. Submission of papers by a party in a case to the administrative law judge by electronic means, mail or personal delivery without providing equivalent method of service to all other parties will be deemed to be an ex parte communication.

   (d)   Proof of service. Proof of service must be maintained by the parties for all papers filed at OATH. Proof of service must be in the form of an affidavit by the person effecting service, or in the form of a signed acknowledgement of receipt of papers by the person receiving the papers. A writing admitting service by the person to be served is adequate proof of service. Proof of service for papers served by electronic means, in addition to the foregoing, may also be in the form of a record confirming delivery or acknowledging receipt of the electronic transmission.

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

§ 1-08 Access to Facilities and Programs by People with Disabilities.

   OATH is committed to providing equal access to its facilities and programs to people with disabilities and OATH will make reasonable accommodations requested by people with disabilities. A person requesting an accommodation for purposes of participation in a case at OATH, including attendance as a member of the public, must request such accommodation sufficiently in advance of the proceeding in which the person wishes to participate to permit a reasonable time to evaluate the request. A request for accommodation must be submitted to OATH's Calendar Unit.

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

Subchapter B: Rules of Conduct