§ 23-1104 Language access enhancement in inspections and adjudications.
AC § 23-1104
a. Definition. For purposes of this section, the term "inspection agency" means the department of buildings, the department of consumer and worker protection, the department of health and mental hygiene, the department of environmental protection, the department of sanitation, and the fire department. b. Each inspection agency shall annually submit to the mayor's office of operations the number of inspectors who report fluency in a language other than English. No later than January 1, 2024, and every January 1 thereafter, the mayor's office of operations shall submit a report to the mayor and the speaker of the city council compiling such information, disaggregated by language spoken and inspection agency. c.
1.Upon the issuance of a decision in a matter heard in the hearings division of the office of administrative trials and hearings, a respondent may request that the written decision rendered after a hearing be provided in a language other than English. Each written decision sent to a respondent after such a hearing shall include, in each of the designated citywide languages, a statement informing such respondent of: (a) the availability of such a translation and how to request the same; (b) that such a request shall not toll or suspend any time period to appeal such decision provided by any federal, state, or local law or rule; and (c) if an appeal of such decision may be filed with such office, the amount of time for filing such an appeal and how to request an extension of such amount of time.
2.Upon a respondent making a request for a translation of a decision, such office shall provide a written translation of such decision in the requested language in accordance with this paragraph. The written translation shall: (a) be provided to a respondent as soon as practicable after such a request is made; (b) include a disclaimer stating that: (i) the written translation shall be used for informational purposes only; (ii) nothing in such written translation shall serve as the basis for a cause of action against the city or constitute a defense in any judicial, administrative, or other proceeding; and (iii) the decision written in English shall be legally binding, notwithstanding any discrepancy, error, or omission in such written translation; and (c) if applicable, inform the respondent of the amount of time for filing an appeal of the issued decision with such office and how to request an extension of such amount of time.
3.Any website, online portal, or online form that allows a respondent to request a translation of a decision pursuant to this subdivision shall also inform a respondent that they may, pursuant to such office's rules of practice, request an extension of time to file an appeal and include a link that allows a respondent to request such an extension. (L.L. 2023/014, 1/21/2023, eff. 7/20/2023)
