§ 2-06 Determination.

   The administrative law judge will render as expeditiously as possible a determination as to whether the agency's decision is arbitrary or capricious.

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

§ 2-07 Copies of Determination.

   The respondent must send copies of the administrative law judge's determination to such non- parties as may be required, for instance, by the rules of the Procurement Policy Board, 9 RCNY § 3-10(m)(5).

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

Subchapter C: Additional Rules for Human Rights Cases

§ 2-21 Applicability.

   This subchapter applies solely to cases brought by the New York City Commission on Human Rights pursuant to the City Human Rights Law, Title 8 of the New York City Administrative Code. Chapter 1 of this title also applies to such proceedings except to the extent that it is inconsistent with this subchapter.

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

§ 2-22 Definitions.

   For purposes of this subchapter:

   Commission. "Commission" means the New York City Commission on Human Rights.

   Complainant. "Complainant" is defined according to the Commission's rules, 47 RCNY § 1-03.

   Party. "Party" is defined according to the Commission's rules, 47 RCNY § 1-03.

   Petition. "Petition" means a complaint as defined in the Commission's rules, 47 RCNY §§ 1-11, 1-12.

   Petitioner. "Petitioner" means the Law Enforcement Bureau of the Commission.

   Report and recommendation. The "report and recommendation" referred to in this title constitutes the recommended decision and order referred to in the Commission's rules.

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

§ 2-23 Proceedings Before Referral to OATH.

   Proceedings before the case is docketed at OATH are governed by the Commission's rules in 47 RCNY Chapter 1.

(Amended City Record 7/8/2016, eff. 8/7/2016; amended City Record 6/7/2022, eff. 7/7/2022)

§ 2-24 Docketing the Case at OATH.

   (a)   Notwithstanding the provisions of 48 RCNY § 1-26, only the petitioner may docket a case at OATH. The petitioner must docket a case by delivering to OATH a completed intake sheet, the notice of referral required by the Commission's rules (47 RCNY § 1-61), the pleadings and any amendments to the pleadings, any notices of appearances filed with the petitioner pursuant to the Commission's rules (47 RCNY § 1-15), and any changes in contact information filed with the petitioner pursuant to the Commission's rules (47 RCNY § 1-04(h)).

   (b)   Upon docketing the case at OATH, the petitioner must serve notice of trial, if a trial date has been selected, and notice of conference, if a conference date has been selected, in compliance with 48 RCNY § 1-28.

(Amended City Record 7/8/2016, eff. 8/7/2016; amended City Record 6/7/2022, eff. 7/7/2022)

§ 2-25 Intervention.

   (a)   A person may move to intervene as a party at any time before commencement of the trial. Intervention may be permitted, in the discretion of the administrative law judge, if the proposed intervenor demonstrates a substantial interest in the outcome of the case. In determining applications for intervention, the administrative law judge will consider the timeliness of the application, whether the issues in the case would be unduly broadened by grant of the application, the nature and extent of the interest of the proposed intervenor and the prejudice that would be suffered by the intervenor if the application is denied, and such other factors as may be relevant. The administrative law judge may grant the application upon such terms and conditions as he or she may deem appropriate and may limit the scope of an intervenor's participation in the adjudication.

   (b)   A complainant may be permitted to intervene as of right, upon notice to all parties and the administrative law judge at or before the first conference in the case, or, if no conference is held, before commencement of trial. The Commission's Law Enforcement Bureau will prosecute the complaint. Complainants and respondents may be represented by attorneys or other duly authorized representatives, who must file notices of appearance pursuant to the Commission's rules (47 RCNY § 1-15), if before referral of the case to OATH, or pursuant to 48 RCNY § 1-11, if after such referral.

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

§ 2-26 Withdrawal or Dismissal of the Petition.

   After referral of a case to OATH, but before commencement of the hearing, dismissal of the case by the petitioner on the grounds provided in the Commission's rules (47 RCNY § 1-22), or withdrawal of the case by the petitioner pursuant to 48 RCNY § 1-32(f), will be effected by notice to all other parties and to the administrative law judge. The complainant may move to withdraw the complaint at any time before commencement of the hearing. All other motions to withdraw or dismiss the petition are governed by 48 RCNY §§ 1-34 and 1-50.

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

§ 2-27 Entry of and Relief from Default.

   (a)   If the notice of referral to OATH alleges that a respondent has not complied with the requirements of § 1-14 of the Commission's rules (47 RCNY § 1-14), the respondent must serve and file an affidavit asserting that the respondent has complied with those requirements, or asserting reasons constituting good cause for its failure to comply with those requirements. Such affidavit must be served and filed at or before the first conference in the case, or, if no conference is held, before commencement of the hearing. If the respondent fails to serve and file such an affidavit within the time allowed by this paragraph, the administrative law judge will declare the respondent to be in default and will preclude the respondent from further participation in the adjudication. If the respondent timely serves and files such an affidavit, the administrative law judge will decide the questions presented, and will either declare the respondent to be in default and preclude the respondent from further participation in the adjudication, or will deny the default in full or upon stated terms and conditions which may include such limitations on the respondent's participation in the adjudication as the administrative law judge deems to be equitable.

   (b)   A respondent against whom a default has been entered pursuant to paragraph (a) of this section may move at any time before issuance of the report and recommendation to open the default. Such a motion must include a showing of good cause for the conduct constituting the default, a showing of good cause for the failure to oppose entry of the default in accordance with paragraph (a) of this section, and a meritorious defense to the petition, in whole or in part. In granting any such motion, the administrative law judge may impose such terms and conditions as he or she deems to be equitable.

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