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What is NYC RCNY § 1-61?

Quick Answer

(a) Filing a notice of referral to OATH. When the Law Enforcement Bureau determines that a case is ready for adjudication, the Bureau must refer the case to OATH by serving a notice of referral on the complainant, the respondent, and any necessary party, and filing it, along with copies of the pleadings, with OATH.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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Effective: 9/5/2019

§ 1-61 Referral of Complaints to OATH.

RCNY § 1-61

(a)Filing a notice of referral to OATH. When the Law Enforcement Bureau determines that a case is ready for adjudication, the Bureau must refer the case to OATH by serving a notice of referral on the complainant, the respondent, and any necessary party, and filing it, along with copies of the pleadings, with OATH.

(b)Contents of a notice of referral. The notice of referral must include the last known address and telephone number of each complainant, respondent, and necessary party and must state whether the respondent has complied with the requirement of 47 RCNY § 1-14 concerning the filing of an answer and, if not, whether the Law Enforcement Bureau seeks to have respondent held in default. The notice of referral must also inform the complainant of its right to intervene pursuant to OATH rules (see 48 RCNY § 2-25). No material relating to the investigation, the reasoning supporting a finding of probable cause, or the substance of conciliation efforts may be filed with OATH. (Added City Record 8/6/2019, eff. 9/5/2019)

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