§ 1-67 Review of a Report and Recommendation by the Office of the Chair.
RCNY § 1-67
(a)General. The Office of the Chair will commence consideration of a report and recommendation after it receives the report and recommendation and hearing record from OATH.
(b)Recommended decisions and orders not completely disposing of a complaint. The Chair may not issue a decision and order that is the subject of a report and recommendation which, if adopted, would not resolve the complaint in its entirety, unless the Administrative Law Judge certifies the portion of the case proposed to be decided by the report and recommendation to the Chair for immediate consideration. Dismissal of all or part of a case by an Administrative Law Judge has the effect of a report and recommendation for the purpose of this section.
(c)Decisions and orders.
1.Decisions involving no attorney's fees. Where there is no finding of liability or where notice of an application for attorney's fees has not been properly filed, the Chair will issue a decision and order based on a review of the report and recommendation; the hearing record from OATH; comments on the report and recommendation; any motion papers filed at OATH and OATH decisions bearing on the merits of the case; and any supplemental evidence gathered by the Office of the Chair pursuant to 47 RCNY § 1-69.
2.Decisions involving attorney's fees. Where a complainant has properly filed notice of an application for attorney's fees and where there is a finding of liability, the Chair will issue a memorandum decision based on a review of the report and recommendation; the hearing record from OATH; comments on the report and recommendation; any motion papers filed at OATH and OATH decisions bearing on the merits of the case; and any supplemental evidence gathered by the Office of the Chair pursuant to 47 RCNY § 1-69. In addition, after briefing on attorney's fees has closed, the Chair must issue a decision and order resolving all issues of liability, damages, civil penalties, and attorney's fees.
3.Orders for relief. Upon a finding of liability, the Chair must order the respondent to cease and desist violating the NYCHRL. The Chair may also impose such additional relief as the Chair deems appropriate, in accordance with § 8-120 of the Code. The decision and order must be served on the Law Enforcement Bureau, complainant, respondent, and any necessary parties. (Added City Record 8/6/2019, eff. 9/5/2019)
