§ 16-06 Appeals and Hearings.
RCNY § 16-06
(a)Denial of application. i. Right to appeal. (A) Any applicant who is denied a press credential shall be notified in writing of the basis of the denial and their right to appeal the denial by requesting a hearing before the adjudicatory body authorized to conduct trials at the Office of Administrative Trials and Hearings ("OATH"), in accordance with Section 1046 of the City Charter and Title 48 of the Rules of the City of New York. (B) An applicant seeking to appeal a denial to OATH must request, through MOME, a hearing within sixty-five (65) days of the date of the denial. The request to MOME must be in writing and submitted on a form prescribed by MOME, which shall process the request and forward to OATH all relevant documentation received from the applicant. (C) Upon receipt of the request submitted through MOME, OATH will hold the hearing within sixty (60) days of the date the applicant's request was received by MOME, except where the parties jointly agree on a later hearing date, an adjournment is granted pursuant to OATH's rules of practice and procedures, or where extraordinary circumstances prevent such scheduling, as determined by the Chief Administrative Law Judge or their designee. ii. Criteria. One or more of the following criteria must be met to justify a denial of an application for a press credential: (A) The applicant failed to meet the eligibility qualifications described in the definition of a "member of the press" or "newsgathering organization", as applicable, set forth in 43 RCNY § 16-01; or (B) The applicant failed to meet the eligibility requirements for the press credential; or (C) The applicant failed to complete all administrative requirements or instructions set forth in these rules or in the application; provided, however, that MOME will notify the applicant of any incomplete requirements and provide an opportunity for the applicant to complete the application within five (5) business days of notification; or (D) The applicant failed to truthfully respond to application questions or provided fraudulent proof of eligibility; provided, however, that the application will not be denied on the basis of an immaterial error in the application that is corrected by the applicant within five (5) business days of notification by MOME; or (E) The applicant (1) has an open case for a lawful arrest for or was convicted of a misdemeanor while newsgathering or has an open case for a lawful arrest for or was convicted of a felony; and (2) the Mayor's Office of Media and Entertainment determines that granting a press credential to such applicant would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public; or (F) The applicant failed to complete a period of suspension or revocation concerning a previously issued press credential; or (G) The applicant was responsible for the misconduct resulting in the suspension or revocation of a Reserve Press Card and such period of suspension or revocation has not expired; or (H) The applicant engaged in conduct set forth in paragraphs (B) - (F) of paragraph (iii) of subdivision (b) of this section.
(b)Suspension. i. Right to a hearing. MOME is the only agency authorized to suspend a press credential. A press credential may not be suspended by MOME prior to a hearing and a determination that a suspension is proper, based on the criteria set forth in paragraph (iii) of this subdivision Upon MOME's determination that a press card was seized by an agency, office, official, or employee of the City of New York in violation of this paragraph, MOME shall promptly replace the press card. ii. Procedure and burden of proof. The hearing will be held before the adjudicatory body authorized to conduct trials at OATH, in accordance with Section 1046 of the Charter and Title 48 of the Rules of the City of New York; provided, however, that consistent with subdivision (f) of § 3-119.4 of the New York City Administrative Code, the applicable burden of proof for a suspension of a press credential is clear and convincing evidence. iii. Criteria. One or more of the following criteria must be met to justify the suspension of a press credential. The Standard Press Card holder or Single Event Press Card holder: (A) (1) has an open case for a lawful arrest for or was convicted of a misdemeanor while newsgathering or has an open case for a lawful arrest for or was convicted of a felony and (2) continued use of the press credential would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public; or (B) while engaged in a newsgathering capacity, failed to comply with a lawful order of a police officer or an authorized person of the City agency(ies) or office(s) sponsoring the event; or (C) while engaged in a newsgathering capacity, intentionally interfered or attempted to interfere with the performance of an official function of a police officer or an authorized person of the City agency(ies) or office(s) sponsoring the event; or (D) misused or misrepresented a press credential issued by the City of New York; or (E) conducted an unauthorized transfer or assignment of such credential; or (F) engaged in other conduct that involved an unreasonable risk to property or to the safety or welfare of specific individuals or the general public or interfered with official law enforcement or emergency personnel needs while engaged in a newsgathering capacity. iv. Reserve Press Cards. A newsgathering organization's Reserve Press Card(s) may be suspended if: (A) the newsgathering organization issues the Reserve Press Card to an authorized user who engages in conduct set forth in subparagraphs (A) - (F) of paragraph (iii) of this subdivision, and (2) the newsgathering organization’s continued use of a Reserve Press Card(s) would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public; or (B) the newsgathering organization issues the Reserve Press Card to an individual who does not meet all criteria set forth in paragraph (h) of 43 RCNY § 16-04. v. Period of suspension. (A) The hearing officer will consider the following factors in determining the length of a suspension: 1. whether misconduct actually occurred; 2. the seriousness of any misconduct; 3. the risk that the press credential holder will engage in future misconduct or, in the case of a Reserve Press Card, the Reserve Press Card authorized user will engage in future misconduct; 4. the press credential holder's history of suspensions or a prior revocation, if any; and 5. any other factors raised by the parties at the hearing. (B) The maximum length of a suspension shall be no more than six (6) months, except that if the suspension resulted from a lawful arrest or indictment based on the press credential holder's or Reserve Press Card authorized user's commission of a misdemeanor or felony, then the length of the suspension may be extended until resolution of the criminal proceedings, and, if an arrest results in a conviction or guilty plea, then the length of the suspension shall be the period of imprisonment that results from the conviction or guilty plea or six months, whichever is greater. vi. Press credentials during suspension. If a Standard Press Card or a Single Event Press Card is suspended, the Standard Press Card holder or Single Event Press Card holder may not obtain or use a press credential during the period of suspension. vii. Expiration during suspension. If a press credential expires during suspension, the press credential holder may not apply for a new press credential until the period of suspension is complete.
(c)Revocation. i. Right to a hearing. MOME is the only agency authorized to revoke a press credential. A press credential may not be revoked by MOME prior to a hearing and a determination that a revocation is proper based on the criteria set forth in paragraph (iii) of this subdivision. Upon MOME's determination that a press card was seized by an agency, office, official, or employee of the City of New York in violation of this paragraph, MOME shall promptly replace the press card. ii. Procedure and burden of proof. The hearing will be held before the adjudicatory body authorized to conduct trials at OATH, in accordance with Section 1046 of the City Charter and Title 48 of the Rules of the City of New York; provided, however, that consistent with subdivision (f) of § 3-119.4 of the New York City Administrative Code, the applicable burden of proof for a revocation of a press credential is clear and convincing evidence. iii. Criteria. One or more of the following criteria must be met to justify the revocation of a press credential. The Standard Press Card holder, Single Event Press Card holder or the Reserve Press Card holder: (A) made a misrepresentation or a made a material error or omission in the press credential application which, if known by MOME at the time of application, would have justified a denial; or (B) had two or more suspensions of a press credential within that credential's two-year cycle; or (C) used a press credential during a period of suspension or revocation; or (D) the Press Card holder's continued possession of a press credential creates an unreasonable risk to property or to the safety or welfare of specific individuals or the general public that cannot be resolved by a suspension. iv. If a press credential is revoked, the press credential holder may not re-apply for a new press credential until one year after the date of the written decision to revoke the press credential. v. Press credentials during revocation. If a press credential is revoked, the press credential holder may not obtain or use a press credential during the period of revocation. (Added City Record 12/20/2021, eff. 1/19/2022; amended City Record 2/11/2025, eff. 3/13/2025)
