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What is NYC AC § 19-1004?

Quick Answer

This section outlines the conditions under which an administrative law judge or hearing officer must dismiss a notice of violation if it is substantively identical to another violation related to the same act. The respondent is required to provide proof of the duplicate violations during the hearing. Applies to respondents facing duplicate notices of violation.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 19-1004 Administrative law judge and hearing officer dismissal of a duplicate notice of violation.

AC § 19-1004

a. An administrative law judge or hearing officer shall dismiss a notice of violation in relation to a hearing before the tribunal on a violation of a law or regulation enforced by the commission upon determining that such notice of violation is substantively identical to a violation received for the same act under commission rules or provisions of law other than commission rules, provided that such substantively identical violation has not already been dismissed by the relevant adjudicatory body. b. In order for such administrative law judge or hearing officer to determine whether to dismiss such notice of violation, the respondent shall provide proof to such administrative law judge or hearing officer at such hearing in the form of summonses pertaining to the duplicate or substantively identical violations. (L.L. 2019/019, 1/20/2019, eff. 7/19/2019)

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