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Subchapter F: Miscellaneous
(a) Grounds for Disqualification. A Hearing Officer will not preside over a hearing under the circumstances set forth in subdivisions (D) and (E) of § 103 of Appendix A of this title. When a Hearing Officer deems himself or herself disqualified to preside in a particular proceeding, the Hearing Officer will withdraw from the proceeding by notice on the record and will notify the Chief Administrative Law Judge or his or her designee of such withdrawal.
(b) Motion to Disqualify. A party may, for good cause shown, request that the Hearing Officer disqualify himself or herself. The Hearing Officer in the proceeding will rule on such motion.
(1) If the Hearing Officer denies the motion, the party may obtain a brief adjournment in order to promptly apply for review by the Chief Administrative Law Judge or his or her designee.
(2) If the Chief Administrative Law Judge or his or her designee determines that the Hearing Officer should be disqualified, the Chief Administrative Law Judge or his or her designee will appoint another Hearing Officer to continue the case. If a Hearing Officer's denial of the motion to disqualify is upheld by the Chief Administrative Law Judge or his or her designee, the party may raise the issue again on appeal.
(Amended City Record 6/1/2015, eff. 7/1/2015)
(a) Requirements. A Representative, other than a family member of a Respondent, who appears on behalf of two (2) or more Respondents before the Tribunal within a calendar year must:
(1) Be at least eighteen (18) years of age;
(2) Register with the Tribunal by completing and submitting a form prescribed by the Tribunal. The Representative must also submit proof of identity acceptable to the Tribunal and any other information that the Tribunal may require. Registration must be renewed every two (2) years;
(3) Notify the Tribunal within ten (10) business days of any change in the information required on the registration form;
(4) Accurately represent the services and qualifications offered. A Representative must not falsely claim to be an attorney or a governmental employee, or falsely imply as much. A Representative who is not an attorney admitted to practice in New York State shall be referred to as "representative" when appearing before the Tribunal;
(5) Exercise due diligence in:
(i) Learning and following Tribunal rules;
(ii) Preparing and submitting documents on behalf of the Respondent, including timely motions and appeals;
(iii) Acquiring basic knowledge of the facts and applicable law charged in the summons;
(iv) Appearing on scheduled hearing dates;
(v) Ensuring that written statements or documents submitted to the Tribunal are what the statements or documents are purported to be and that witnesses making oral statements are who the witnesses purport to be;
(vi) Acting in the Respondent's best interests and according to lawful instructions from the Respondent; and
(vii) Avoiding conflicts that would impair the Representative's ability to act in the Respondent's best interests.
(b) In order to appear on behalf of a Respondent, a registered Representative must:
(1) Provide an authorization form prior to the hearing; and
(2) Retain the authorization form with the signature of the person authorizing the Representative and produce it to the Tribunal upon request. If such signature is executed as a paper signature, it must be an original signature. If such signature is executed as an electronic signature, such signature must be in a format identified as acceptable on a website maintained or controlled by OATH. Failure to produce this form with an original or acceptable electronic signature creates a rebuttable presumption that the registered Representative is not authorized to represent the Respondent through the end of the proceeding.
(c) Discipline. A Representative will be subject to discipline, including but not limited to suspension or bar from appearing before the Tribunal, for failing to follow the provisions of this section, 48 RCNY § 6-25, and any other rules of the Tribunal; and
(d) A Representative must provide valid government-issued photo identification acceptable to the Tribunal when filing notices of appearance for an in-person hearing or when submitting motions in person, including, but not limited to, requests to reschedule and motions to vacate a default.
(Amended City Record 6/1/2015, eff. 7/1/2015; amended City Record 7/8/2016, eff. 8/7/2016; amended City Record 12/30/2020, eff. 1/29/2021; amended City Record 8/11/2022, eff. 9/10/2022)
(a) No Respondent, attorney or registered representative may appear in person on fifteen (15) or more summonses unless:
(1) No later than noon five (5) business days before the scheduled hearing date, the Tribunal receives from the Respondent, attorney, or registered representative a list of all scheduled summonses in the format required by and made available by the Tribunal;
(2) The Respondent, attorney, or registered representative submits only one list of scheduled summonses per hearing date and submits that list electronically, pursuant to the Tribunal's direction, to a recipient designated by the Tribunal, regardless of the county in which the summonses were scheduled to be heard;
(3) Notices of Appearance are submitted in advance of the scheduled hearing, as directed by the Tribunal, to the Tribunal office in the borough where summonses are scheduled to be heard;
(4) The attorney or representative is able, during the hearing, to e-mail to all parties and the Tribunal the evidence the Respondent, attorney, or representative wishes to submit; and
(5) The attorney or registered representative submits an authorization to appear form signed by the Respondent, authorizing the attorney or registered representative to appear at OATH on the Respondent's behalf.
(b) To be considered timely, the Respondent, the Respondent's attorney or representative must:
(1) Appear at the earliest scheduled hearing time indicated on each summons to be heard, or, if applicable, at the earliest scheduled hearing time indicated on each adjournment order or reschedule notice for each summons to be heard, and
(2) Be available and ready to proceed within three (3) hours of the scheduled hearing time indicated on each summons to be heard, or if applicable, within three (3) hours of the scheduled hearing time indicated on each adjournment order or reschedule notice for each summons to be heard.
(c) The failure to make a timely appearance constitutes a default and may subject the Respondent to penalties in accordance with 48 RCNY § 6-20.
(Amended City Record 6/1/2015, eff. 7/1/2015; amended City Record 7/8/2016, eff. 8/7/2016; amended City Record 12/5/2018, eff. 1/4/2019; amended City Record 10/13/2021, eff. 10/13/2021; amended City Record 8/11/2022, eff. 9/10/2022)
(a) No attorney or registered representative may appear by telephone, videoconference, or other similar remote means unless:
(1) No later than noon three (3) business days before the scheduled hearing date, the Tribunal receives from the attorney or registered representative a list of all scheduled summonses in the format required by and made available by the Tribunal;
(2) The attorney or registered representative submits only one list per hearing date and submits that list electronically, pursuant to the Tribunal's direction, to a recipient designated by the Tribunal, regardless of the county in which the summonses were scheduled;
(3) The attorney or registered representative makes no changes or additions to the list, unless it is to withdraw representation on a matter;
(4) The attorney or registered representative calls in for the first scheduled hearing no later than the earliest scheduled hearing time on each summons to be heard or, if applicable, no later than the earliest scheduled hearing time indicated on each adjournment order or reschedule notice for each summons to be heard; and
(5) The attorney or registered representative submits an authorization to appear form signed by the Respondent, authorizing the attorney or registered representative to appear at OATH on the Respondent's behalf.
(b) No one registered representative or attorney may appear by remote means on a single hearing date for more than twenty-five (25) summonses, unless an exception is granted by the Tribunal prior to the hearing date.
(c) Where a law firm, representative firm, or in-house legal department has more than twenty-five (25) cases scheduled on a hearing date, it must assign an additional registered representative or attorney for each group of up to twenty-five (25) summonses to be heard on that date, unless an exception is granted by the Tribunal prior to the hearing date.
(d) The law firm, representative firm, or in-house legal department must provide the names of the additional registered representatives or attorneys who will appear on each additional group of summonses on that date. Once a registered representative or attorney is assigned to appear on a group of summonses, a different registered representative or attorney may not appear as a substitute, unless an exception is granted by the Tribunal prior to the start of the hearing.
(e) To be considered timely, the Respondent's attorney or representative must:
(1) Appear at the earliest scheduled hearing time on each summons to be heard or, where applicable, at the earliest scheduled hearing time indicated on each adjournment order or reschedule notice for each summons, and
(2) Be available and ready to proceed within three (3) hours of the scheduled hearing time on each summons to be heard or, where applicable, within three (3) hours of the scheduled hearing time indicated on each adjournment order or reschedule notice for each summons to be heard.
The failure to make a timely appearance constitutes a default and may subject the Respondent to penalties in accordance with 48 RCNY § 6-20.
(Added City Record 10/13/2021, eff. 10/13/2021; amended City Record 8/11/2022, eff. 9/10/2022)
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