Administrative trials neither preclude, nor are precluded by, criminal charges by the state and/or civil lawsuits by complainants against the respondent individuals and businesses.
Structure and jurisdictionedit
OATH adjudicates for all city agencies unless otherwise provided for by executive order, rule, law or pursuant to collective bargaining agreements.[2] OATH is composed of the:[3][4][5]
Environmental Control Board Hearings (Environmental Control Board, ECB), for hearings conducted on summonses for quality of life violations issued by the
Taxi and Vehicle for Hire Hearings (Taxi and Limousine Tribunal), for hearings conducted on summonses for TLC rules and regulations violations issued by the
applications from the Buildings and Fire departments to modify or revoke certificates of occupancy
The Environmental Control Board (ECB) is composed of thirteen members: the chairperson is the OATH Chief Administrative Law Judge (ALJ), six are commissioners of city agencies, six are citizens who are experts in the fields of water pollution control, business, real estate and noise but includes two general citizen representatives.[8] Although the ECB is empowered to impose penalties under the New York City Charter and has promulgated penalty schedules, the ECB is in the process of repealing all penalty schedules in its rules so that they can be relocated to the rules of the enforcement agencies with primary rulemaking and policymaking jurisdiction with the expertise to adopt appropriate penalties to address violations, and help clarify to the public that OATH ECB is a neutral third party that hears and tries cases brought by other City agencies and is not an enforcement agency.[9][10]
OATH adjudicates for all city agencies unless otherwise provided for by executive order, rule, law or pursuant to collective bargaining agreements.[2] However, except as to issues involving employee discipline, OATH hearings are the exception rather than the rule.[14] In 2003, New York City had roughly 61 city agencies employing an estimated 500 lawyers as administrative law judges and/or hearing officers/examiners.[14] Non-OATH tribunals that also operate in New York City include:
The city DOF Parking Adjudications Division (Parking Violations Bureau) adjudicates parking violations.[15]
The city Tax Appeals Tribunal adjudicates disputes regarding city-administered taxes other than real estate assessment claims, which are adjudicated by the city Tax Commission.[3]
OATH was created by Mayor Ed Koch with Executive Order 32 on July 25, 1979, and by an amendment to the New York City Charter at the general election on November 8, 1988. The Board of Standards and Appeals was consolidated with OATH by an amendment to the charter effective July 1, 1991.[16] The Environmental Control Board was moved from the authority of the Department of Environmental Protection to OATH effective November 23, 2008.[17] Fidel Del Valle was appointed as commissioner and chief judge of OATH by mayor de Blasio in 2014.[18] Executive Order 18 of June 23, 2016 transferred all adjudications of the DCA Tribunal to OATH effective August 22, 2016.[7]
^ abcNew York City Charter § 1048; "There shall be an office of administrative trials and hearings which shall conduct adjudicatory hearings for all agencies of the city unless otherwise provided for by executive order, rule, law or pursuant to collective bargaining agreements. The office shall be directed by the chief administrative law judge, who shall be an attorney admitted to practice for at least five years in the state of New York. The chief administrative law judge shall be appointed by the mayor."
^ abcCohen, Sherry M.; Weiss, Joanna (2009). "Know Your Audience: How NYC Tribunals Have Addressed Self-Represented Litigants and Increased Access to Justice". J. Nat'l Ass'n Admin. L. Judiciary. 29 (2): 487–493.
^New York City Office of Administrative Trials and Hearings. "Office of Administrative Trials and Hearings". Retrieved 2016-02-07.
^New York City Charter § 659(a); "There shall be an independent board of standards and appeals located within the office of administrative trials and hearings. The board of standards and appeals shall consist of five members to be termed commissioners to be appointed by the mayor each for a term of six years."
^Calder, Rich (August 9, 2016). "City summonses on the rise despite de Blasio promises". New York Post.
^ abOATH Final Rule - Amendment Related to DCA Adjudications. The City Record, August 22, 2016.
^OATH ECB Proposed Repeal of the Noise Code Penalty Schedule
^OATH ECB Proposed Repeal of Parks' Penalty Schedule
^Goldensohn, Rosa (15 January 2016). "Another downside to the council's 'broken windows' fix emerges". Crain's New York Business.
^Flegenheimer, Matt; Goodman, J. David (15 July 2015). "Public Urination in New York Becomes Test Case for Policing". The New York Times.
^Max, Ben (December 22, 2016). "Amnesty Program Clears $150 Million Owed to City". Gotham Gazette.
^ abNew York County Lawyers' Association Task Force on Judicial Selection Subcommittee on Administrative Law Judge Reform (2005). Administrative Law Judge Reform Report(PDF). New York County Lawyers' Association.
^ abZimmerman, Joseph F. (2008). The Government and Politics of New York State (2nd ed.). SUNY Press. p. 232. ISBN 978-0-7914-7435-8.