§ 68-20 Special Procedures – Settlements and Withdrawals.
RCNY § 68-20
(a)Settlements. The Chairperson and a Respondent may dispose of a summons by entering into a settlement agreement.
(1)The settlement agreement must be in writing.
(2)The settlement agreement may provide for penalties different than the penalties provided for in these Rules.
(3)The settlement agreement may provide for canceling an adjudication that is open or that has been completed. If the adjudication is open or completed before the OATH Tribunal, the Chairperson will promptly notify the tribunal.
(4)The settlement agreement may provide for penalties to be imposed, with or without a further hearing, if the Respondent does not comply with the terms of the settlement agreement.
(5)Unless the settlement agreement explicitly provides otherwise, the License of a Respondent who does not comply with the terms of the settlement agreement may be suspended by the Chairperson without a hearing until the Respondent complies with the settlement agreement.
(6)By entering into a settlement agreement, the Chairperson and the Respondent both waive their rights to any further hearings or appeals on the summons or notice of violation that is disposed of by the settlement agreement.
(b)Withdrawals.
(ii)Any fines paid will be refunded.
(iii)The Chairperson will notify the Respondent that the summons has been withdrawn.
(iv)If a withdrawn summons is open or has been completed before the OATH Tribunal, the Chairperson shall promptly notify the tribunal. (Amended City Record 2/2/2023, eff. 3/4/2023)
