§ 6-08 Proceedings before the OATH Hearings Division.
RCNY § 6-08
(a)Issuance and Filing of Summons.
(1)The petitioner must file an original or a copy of the summons, together with proof of service, with the Tribunal prior to the first scheduled hearing date. Electronic filing of the summons and proof of service is required unless the Tribunal grants an exception. Failure to timely file all proofs of service shall not divest the Tribunal of jurisdiction to proceed with a hearing or to issue a default order.
(2)Notwithstanding paragraph one of this subdivision, where property has been seized, the Tribunal may adjudicate a summons after it is served and before it is filed.
(3)Each case docketed with the Hearings Division is subject to review by the Chief Administrative Law Judge, who shall determine whether the case shall proceed at the Hearings Division or be removed to the Trials Division.
(b)Service of the Summons. There must be service of the summons.
(ii)Alternatively, the summons may be served by mail deposited with the U.S. Postal Service, or other mailing service, to any such person at the address of the premises that is the subject of the summons or, as may be appropriate, at the residence or business address of: (A) the alleged violator, (B) the individual who is listed as the permittee, licensee or applicant in the permit or license or in the application for a permit or license, (C) the registrant listed in the registration form, or (D) the person filing a notification of an entity's existence with the applicable governmental agency where no permit, license or registration is required. If the summons is served by mail, documentation of mailing will be accepted as proof of service of the summons.
(c)Contents of Summons. The summons must contain, at a minimum: (1) The name and address, when known, of a Respondent; (2) A clear and concise statement sufficient to inform the Respondent with reasonable certainty and clarity of the essential facts alleged to constitute the violation or the violations charged, including the date, time where applicable, and place when and where such facts were observed; (3) Information adequate to provide specific notification of the section or sections of the law, rule or regulation alleged to have been violated; (4) Information adequate for the Respondent to calculate the maximum penalty authorized to be imposed if the facts constituting the violation are found to be as alleged; (5) Notification of the date, time and place when and where a hearing will be held by the Tribunal or instructions to the Respondent on how to schedule a hearing date. Such date must be at least fifteen (15) calendar days after the summons was served, unless another date is required by applicable law. Where Respondent waives the fifteen (15) day notice and requests an expedited hearing, the Tribunal may assign the case for immediate hearing, upon appropriate notice to Petitioner and opportunity for Petitioner to appear.
(6)Notification that failure to appear at the place, date and time designated for the hearing will be deemed a waiver of the right to a hearing, thereby authorizing the rendering of a default decision; and (7) Information adequate to inform the Respondent of his or her rights under 48 RCNY § 6-09.
(d)In the interest of convenient, expeditious and complete determination of cases involving the same or similar issues or the same parties, the Tribunal may consolidate two (2) or more summonses for adjudication at one (1) hearing.
(e)Where a Petitioner withdraws a summons, even if it has been adjudicated, is open or has been decided by the Tribunal, the Petitioner must promptly notify the Tribunal and the Respondent in writing. Thereafter the Tribunal will issue a decision indicating the summons has been withdrawn. (Amended City Record 6/1/2015, eff. 7/1/2015; amended City Record 7/8/2016, eff. 8/7/2016; amended City Record 6/18/2021, eff. 7/18/2021)
