§ 6-27 Defense Based on Sovereign or Diplomatic Immunity.
RCNY § 6-27
(a)A Respondent may present a defense based on sovereign or diplomatic immunity: (1) in a written submission received no later than seven (7) business days before the hearing date stated on the summons, in which the Respondent may admit or deny the violation charged and the Tribunal will assign the matter to a Hearing Officer; or (2) at a hearing orally or in writing, but only if an attorney or authorized representative of the Petitioner is present at the hearing or if the Respondent at that time consents to an adjournment of the hearing; or (3) in a response submitted in any case in which adjudication by remote method is allowed pursuant to 48 RCNY § 6-10.
(b)Upon presentation of a defense based on sovereign or diplomatic immunity, the Hearing Officer must issue an order: (1) adjourning the hearing for no less than thirty (30) and no more than sixty (60) days; (2) setting forth in detail the violations alleged in the summons; and (3) giving notice to the City entity charged with serving as the official liaison with foreign governments ("liaison") that the Respondent has presented a defense based on sovereign or diplomatic immunity, in which event the Tribunal will promptly serve such order to such liaison.
(c)After an adjournment is granted under subdivision (b), either party may request to extend the time period of the adjournment. The Hearing Officer must grant such request if it is accompanied by a written submission from the liaison indicating more time is necessary for the parties to resolve the matter.
(d)(1) At a hearing held following an adjournment granted pursuant to subdivision (b), the Hearing Officer must issue a determination whether or not the Respondent is entitled to sovereign or diplomatic immunity.
(2)If the Hearing Officer determines that the Respondent is entitled to sovereign or diplomatic immunity, he or she must dismiss the summons without a determination of the Respondent's liability.
(3)If the Hearing Officer rejects the defense of sovereign or diplomatic immunity, a hearing on the violation must be conducted pursuant to the rules governing hearings in this Chapter. (Added City Record 7/8/2016, eff. 8/7/2016)
