§ 20-1535 Burden of proof; evidence.
AC § 20-1535
a. In any proceeding alleging a violation by a delivery service of section 20-1532 or section 20-1533, such delivery service shall bear the burden of proving just cause pursuant to section 20-1532 or 20-1533 by a preponderance of the evidence, subject to the rules of evidence as set forth in the civil practice law and rules or, where applicable, the common law. b. In determining whether a delivery service had just cause for a deactivation, a fact-finder may not consider any reasons proffered by the delivery service not included in the notice of deactivation provided to the contracted delivery worker pursuant to subdivision e of section 20-1532 or the written explanation provided to the contracted delivery worker pursuant to subdivision c of section 20-1533. c. A contracted delivery worker may submit evidence in any proceeding alleging a violation of this subchapter that was not provided to a delivery service pursuant to section 20-1533 or section 20-1537, and a fact-finder shall consider such evidence, notwithstanding any failure by such contracted delivery worker to submit such evidence to such delivery service prior to such proceeding. (L.L. 2026/034, 1/17/2026, eff. 1/17/2027) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2026/034.
