§ 11-05 Commencement of Proceedings and Pleadings.
RCNY § 11-05
(a)The petition.
(i)The Board shall institute proceedings pursuant to this chapter by serving a petition, sworn to or affirmed as to the truth thereof, on the respondent(s). The petition shall comply with the requirements in OATH Rules of Practice §§ 1-22 and 1-23 (48 RCNY §§ 1-22 and 1-23). The petition shall set forth the facts which, if proved, constitute violations of the Act or these rules or require repayment of public funds.
(ii)The petition shall be accompanied by the following: notice of the respondent's right to file an answer, the deadline to file an answer, and the place(s) to serve and file an answer; notice that failure to serve and file a timely answer shall be deemed an admission of all allegations contained in the petition; notice of the respondent's right to representation by an attorney or other representative; and notice that a person representing the respondent(s) must file a notice of appearance with the hearing officer.
(b)Service of the petition.
(iii)Service of the petition shall be complete upon mailing, if service was by first-class mail, or upon the date of transmission, if service was by electronic means.
(c)Answer.
(iv)If the respondent fails to serve and file a timely answer, all allegations of the petition shall be deemed admitted, and the case shall proceed as scheduled. If the answer fails to specifically address any allegation in the petition, such allegation shall be deemed admitted.
(v)The time to serve and file an answer may be extended only upon the consent of all parties or upon application to the hearing officer for good cause shown.
(d)Amendment of Pleadings. Pleadings shall be amended in accordance with OATH Rules of Practice § 1-25 (48 RCNY § 1-25). (Added City Record 8/16/2019, eff. 9/15/2019; amended City Record 1/23/2026, eff. 2/22/2026)
