§ 1-13 Formal Proceedings.
RCNY § 1-13
(a)Designation of OATH. Pursuant to Section 1048(a) of the Charter, the City Clerk designates OATH to conduct all hearings involving violations of the Lobbying Law. OATH's Rules of Practice govern all aspects of the proceedings except as provided in this section of the Rules.
(b)Petition. The City Clerk initiates a formal proceeding in OATH by serving a petition on the Respondent's Principal Officer by email and certified mail, return receipt requested. If the Respondent notifies the City Clerk that Respondent is represented by counsel before the OATH proceeding begins, the City Clerk will serve the petition upon both Respondent's Principal Officer and its counsel.
(c)Answer. The Respondent must serve an answer to the petition upon the Petitioner by email, mail or fax to the City Clerk's Address no later than ten (10) business days from the mailing of the petition.
(d)Effect of Failure to Answer. If Respondent fails to serve an answer within ten (10) business days, all allegations in the petition will be deemed admitted and OATH will proceed to hold a default hearing. At the default hearing, the City Clerk shall submit, for the record, an offer of proof establishing the factual basis on which the presiding ALJ may issue a report and recommendation. If Respondent fails to respond specifically to any individual allegation in the petition, such individual allegation or charge shall be deemed admitted.
(e)Adjournment. A hearing may be adjourned upon written consent of both parties submitted to the ALJ no later than two (2) days prior to the hearing. If consent of both parties cannot be obtained, an adjournment may be granted at the discretion of the ALJ for good cause, upon the request of either party or upon the ALJ's own motion, with notice to the parties.
(f)Depositions. Depositions may be taken without leave from OATH as deemed necessary by the City Clerk.
(g)Decision after the Hearing.
(1)The City Clerk will issue a final decision in writing after the hearing based exclusively on the record and the transcript of the hearing. The City Clerk shall not be bound by the ALJ's recommendation in whole or in part. The final decision may consist of a letter from the City Clerk concurring with the ALJ's recommended findings and disposition. The City Clerk's decision after the hearing constitutes a final agency determination.
(2)The City Clerk must send a copy of the decision by email and certified mail to the Respondent and its counsel, if applicable.
(3)In the event that a decision is adverse to the Respondent, in whole or in part, the Respondent may seek judicial review in accordance with the provisions of Article 78 of the Civil Practice Law and Rules. (Added City Record 10/5/2015, eff. 11/4/2015)
