New York City Office of Administrative Trials and Hearings
The New York CityOffice of Administrative Trials and Hearings is an administrative office of the New York City government. It is a non-mayoral executive agency and is not part of the state Unified Court System. Administrative trials neither preclude, nor are precluded by, criminal charges by the state and/or civil lawsuits by complainants against the respondent individuals and businesses.
* applications from the Buildings and Fire departments to modify or revoke certificates of occupancy
The Environmental Control Board is composed of thirteen members: the chairperson is the OATH Chief Administrative Law Judge, six are commissioners of city agencies, six are citizens who are experts in the fields of water pollution control, business, real estate and noise but includes two general citizen representatives. Although the ECB is empowered to impose penalties under the New York City Charter and has promulgated penalty schedules, the ECB is in the process of repealing all penalty schedules in its rules so that they can be relocated to the rules of the enforcement agencies with primary rulemaking and policymaking jurisdiction with the expertise to adopt appropriate penalties to address violations, and help clarify to the public that OATH ECB is a neutral third party that hears and tries cases brought by other City agencies and is not an enforcement agency.
Procedure
Unlike state criminal courts, OATH does not guarantee a right to counsel, a fine is the most serious outcome, and a failure to appear results in a default judgment not an arrest warrant. When an individual or business is fined and does not attend a hearing of the Environmental Control Board or pay within the required time period, the ECB adds a penalty and oversees interest.
Related courts
OATH adjudicates for all city agencies unless otherwise provided for by executive order, rule, law or pursuant to collective bargaining agreements. However, except as to issues involving employee discipline, OATH hearings are the exception rather than the rule. In 2003, New York City had roughly 61 city agencies employing an estimated 500 lawyers as administrative law judges and/or hearing officers/examiners. Non-OATH tribunals that also operate in New York City include:
The city Tax Appeals Tribunal adjudicates disputes regarding city-administered taxes other than real estate assessment claims, which are adjudicated by the city Tax Commission.
OATH was created by Mayor Ed Koch with Executive Order 32 on July 25, 1979, and by an amendment to the New York City Charter at the general election on November 8, 1988. The Board of Standards and Appeals was consolidated with OATH by an amendment to the charter effective July 1, 1991. The Environmental Control Board was moved from the authority of the Department of Environmental Protection to OATH effective November 23, 2008. Fidel Del Valle was appointed as commissioner and chief judge of OATH by mayor de Blasio in 2014. Executive Order 18 of June 23, 2016 transferred all adjudications of the DCA Tribunal to OATH effective August 22, 2016.
