§ 2-02 Notices of Probable Cause and Pre-Hearing Procedures.
RCNY § 2-02
(a)Notice of Initial Determination of Probable Cause. For the purposes of Section 2603(h)(1) of the Charter, the Board will commence an enforcement action by serving a Notice of Initial Determination of Probable Cause by first class mail to the respondent's last known residential address or actual place of business.
(b)Response to the Notice of Initial Determination of Probable Cause.
(1)For the purposes of Section 2603(h)(1) of the Charter, the respondent has 20 days from the date of service to submit a written response to the Notice of Initial Determination of Probable Cause ("Notice") or request an extension. The response is an opportunity to explain, rebut, or provide information concerning the factual or legal allegations in the Notice. The Board will not consider requests for discovery of evidence before it files a petition at OATH.
(2)Upon oral or written request within 20 days from the date of service of the Notice, the respondent will be granted a 30-day extension within which to submit a written response. Upon oral or written request made prior to the expiration of the first extension, the respondent may be granted a second 30-day extension for good cause shown, including, but not limited to, ongoing settlement negotiations. Any further extensions must be requested in writing to the Board and will be granted only in exigent circumstances.
(3)For the purposes of Section 2603(h)(2) of the Charter: (i) If the respondent submits a substantive written response to the Notice, the Board will review the response to determine whether there remains probable cause to believe that any alleged violation occurred and will either dismiss the enforcement action or sustain its initial determination of probable cause in whole or in part.
(ii)If the respondent does not submit a written response to the Notice or submits only a general denial of the allegations in the Notice, the Board's initial determination of probable cause will be deemed sustained.
(c)Sustaining probable cause.
(i)If the agency does not pursue disciplinary action against the respondent, the Board will commence formal proceedings against the respondent.
(d)Representation by an attorney or other person.
(e)Stay of an enforcement action. To obtain a stay of an enforcement action, the respondent must submit a written request to the Board for its review and approval. After the service of the Petition pursuant to 53 RCNY § 2-03(b)(1), the OATH Rules govern the procedures for a stay.
(f)Settlement.
(4)After receiving the full payment of any monetary penalty to be paid to the Board, the enforcement attorney will present the proposed settlement agreement to the Board for its review and approval.
