§ 11-23 Order and Determination.
RCNY § 11-23
(a)Decision on the Record. Notwithstanding any provision to the contrary in 48 RCNY § 1-51.1, Administrative Law Judges shall issue a decision on the record in all Cases. Provided that no party has commenced a challenge to the decision pursuant to Article 78 of the Civil Practice Law and Rules of New York, and the time to commence such a challenge shall have expired, the decision shall constitute an "order" for purposes of this chapter and section 5 of subdivision g of the Living Wage Law.
(b)Judicial Challenge. If a party commences a timely challenge to a decision on the record, then the final, non-appealable disposition of the appeal, whether by order of a court of competent jurisdiction or settlement, shall constitute an "order" for purposes of this chapter and section 5 of subdivision g of the Living Wage Law.
(c)Entry of Order. If an order (including any settlement deemed to be an order for purposes of this chapter) sustains some or all of the charges in the Petition, and provided that (1) the Respondent found violating the Living Wage Law has failed to comply with the payment or other terms of the order, and (2) no proceeding for judicial review is pending and the time for initiation of such proceeding has expired, the Department shall, as soon as is practicable, file a copy of the order with the clerk of the county of residence or place of business of the Respondent. (Added City Record 9/15/2016, eff. 10/15/2016)
