§ 6-01 Delegation of Authority.
RCNY § 6-01
(a)Except as otherwise provided in this subchapter, the adjudicatory powers granted to the Commissioner of the Department of Consumer Affairs ("Commissioner") under the New York City Charter, the Administrative Code of the City of New York ("Administrative Code") and New York State law to conduct hearings, issue decisions, impose fines and civil penalties, and order any other relief are hereby delegated to the Office of Administrative Trials and Hearings ("OATH").
(b)Nothing in this rule shall prohibit the Commissioner from exercising powers conferred upon the Commissioner, including, but not limited to: (1) the power to suspend a license, without an adjudication, pursuant to Administrative Code § 20-104(e)(3); (2) the powers with respect to unlicensed activities pursuant to Subdivisions (b)(2), (b)(3), and (b)(4) of Administrative Code § 20-105; and (3) the power to order that a premises be sealed under the Administrative Code or any other City, State or Federal law conferring such power upon the Commissioner.
(c)The Department will file the following cases with the adjudicatory body authorized to conduct trials at OATH pursuant to 48 RCNY Chapter 1: (1) all proceedings commenced to enforce a law within the Department's jurisdiction that regulates relationships in the workplace or that confers rights or benefits on workers, including, but not limited to, the Earned Safe and Sick Time Act set forth in Chapter 8 of Title 20 of the Administrative Code, provisions related to Fair Work Practices set forth in Chapter 12 of Title 20 of the Administrative Code, provisions related to mass transit benefits set forth in Chapter 9 of Title 20 of the Administrative Code, provisions related to displaced grocery workers set forth in § 22-507 of the Administrative Code, provisions related to a prevailing wage for building service employees in city leased or financially assisted facilities set forth in § 6-130 of the Administrative Code, or provisions related to a living wage for employees in city financially assisted workplaces set forth in § 6-134 of the Administrative Code, except where such law licenses persons under chapter 2 of title 20 of the Administrative Code; (2) all proceedings in which the Department seeks discretionary revocation, suspension, or denial of a license; (3) all proceedings in which the Department seeks more than one hundred thousand dollars in civil penalties, consumer restitution, other monetary relief, or any combination thereof; (4) all proceedings involving four or more consumers against the same respondent; and (5) all proceedings in which four or more witnesses testify and the Department seeks more than fifty thousand dollars in civil penalties, consumer restitution, other monetary relief, or any combination thereof. (Added City Record 8/22/2016, eff. 8/22/2016; amended City Record 8/22/2017, eff. 9/21/2017; amended City Record 2/10/2021, eff. 3/12/2021; amended City Record 3/3/2023, eff. 4/2/2023)
