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What is NYC RCNY § 11-07?

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(a) Only cases referred to OATH must be docketed, and only the Board may docket a case at OATH. (b) Following service of the petition upon the respondent, the Board shall docket a case by delivering to OATH a completed intake sheet, with a petition and appropriate proof of service of the petition.

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

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Effective: 9/15/2019

§ 11-07 Docketing the Case at OATH.

RCNY § 11-07

(a)Only cases referred to OATH must be docketed, and only the Board may docket a case at OATH.

(b)Following service of the petition upon the respondent, the Board shall docket a case by delivering to OATH a completed intake sheet, with a petition and appropriate proof of service of the petition.

(c)When a case is docketed, OATH shall place it on the trial calendar, the conference calendar, or on open status. Cases involving the same respondent(s) shall be scheduled for joint hearings or conferences. The case shall be given an index number and assigned to a hearing officer pursuant to OATH Rules of Practice § 1-26(b) (48 RCNY § 1-26(b)).

(d)After docketing the case at OATH and selecting a hearing or conference date, the Board shall serve a notice of hearing or notice of conference on the respondent within five business days. The notice shall be served by first class mail or electronic means, and appropriate proof of service shall be maintained by the Board.

(e)A conference or hearing shall be scheduled for a date that is at least two weeks after the date the answer must be served and filed.

(f)The administrative law judge may determine that the case is not ready for a conference or hearing and may adjourn the conference or hearing, or may remove the case from the conference or hearing calendar and place it on open status. (Added City Record 8/16/2019, eff. 9/15/2019)

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