§ 7-06 Extension to Complete Community Service.

   (a)   A Respondent may request an extension of time to complete the Community Service through the Help Center prior to the deadline to complete the Community Service specified in the Decision.

   (b)   Extensions of time to complete Community Service are not available for Respondents who wish to admit to the Specified Violation by completing OATH's online Community Service course on or before the hearing date.

   (c)   (1)   OATH's Help Center may grant a request for an extension to complete Community Service for good cause shown. In determining whether there is good cause for an extension, the Help Center will consider factors such as the following:

         (A)   The length of extension requested;

         (B)   The number of hours of Community Service to be completed and the amount of the monetary civil penalty that would be due;

         (C)   The number of prior extensions requested;

         (D)   Whether the need for the extension is due to factors beyond Respondent's control or due to extraordinary circumstances; and

         (E)   Whether a portion of the Community Service has been completed.

      (2)   A denial of a request for an extension is not subject to appeal at OATH.

      (3)   A request for extension of time to complete Community Service will not extend the date by which a Respondent must pay the monetary civil penalty. If a request for an extension is denied, the Respondent must either complete the Community Service by the date specified in the Decision, or pay the applicable monetary civil penalty thirty (30) days from the date of the Decision or thirty-five (35) days if the Decision is mailed.

(Added City Record 6/17/2019, eff. 7/17/2019)

§ 7-07 Respondent Appeal of a Decision After Requesting Community Service.

   (a)   If a Respondent who has chosen to perform Community Service instead of paying a monetary civil penalty timely appeals the Decision sustaining the Specified Violation, pursuant to 48 RCNY § 6-19, the part of the Decision ordering completion of Community Service will be stayed until a decision on the appeal is issued. A Respondent will not be required to complete the Community Service or pay the applicable monetary civil penalty in order to file an appeal.

   (b)   If a Respondent's appeal is denied, the Respondent must either complete the Community Service within twenty (20) days of the date of the appeal decision, or pay the monetary civil penalty, unless otherwise specified in a notice granting an extension.

(Added City Record 6/13/2017, eff. 6/13/2017; renumbered City Record 6/17/2019, eff. 7/17/2019)

§ 7-08 Choosing Community Service After a Specified Violation is Sustained on Agency's Appeal.

   (a)   If a decision on an appeal sustains a Specified Violation, reversing a Hearing Officer's Decision to dismiss that violation, a Respondent may choose to perform Community Service instead of paying the monetary civil penalty. Within ten (10) days of the date of the appeal decision, the Respondent must inform OATH of his or her decision to perform Community Service by filing a request, on a form provided by OATH, with the Clerk's Office. If the Respondent fails to do so within ten (10) days of the date of the decision on the appeal, the monetary civil penalty will be due and owing immediately.

   (b)   If the Respondent chooses to perform community service, Respondent will receive an order granting a timely request and imposing a deadline to complete the Community Service. The monetary civil penalty will be due and owing if the Respondent fails to perform the Community Service by the deadline in the order.

(Added City Record 6/13/2017, eff. 6/13/2017; renumbered City Record 6/17/2019, eff. 7/17/2019)