§ 3-05 Hearings, Reports and Recommendations and Orders.
RCNY § 3-05
(a)Designation. All hearings required by New York real property tax law § 421-a(16)(c) and New York City Administrative Code § 6-109 are held by the office of administrative trials and hearings trials division.
(b)Discovery. Each party must provide to all other parties, no later than ten business days before trial: (i) the names of all witnesses the party expects to present at trial, (ii) copies of all Documents or other exhibits the party expects to introduce at trial, (iii) copies of all Documents provided by each Complaining Worker and (iv) copies of all statements, in any form, provided by each Covered Employer that is a party to the hearing.
(c)Preclusion.
(1)Failure of a Covered Employer to provide any information or Document requested by the Bureau in a timely manner as set forth in 44 RCNY § 3-04(g) and (h) may be grounds for preclusion of that Document or drawing of an adverse inference at the trial upon motion to the administrative law judge.
(2)No party may seek to introduce any testimonial, documentary or other evidence concerning the immigration status of Covered Workers at the trial, including but not limited to information about their social security or individual taxpayer identification numbers, except upon motion to the administrative law judge for good cause shown.
(d)Report and recommendation.
(3)In cases brought under New York City Administrative Code § 6-109, the administrative law judge forwards the report and recommendation to the contracting agency for consideration, and the contracting agency issues an order.
(e)Orders under real property tax law § 421-a(16)(c).
