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|  Tribunals
New York City’s administrative tribunals are designed so that people can easily navigate the hearing process and participate in a meaningful way. AJC assists, advises and coordinates the following tribunals: Office of Administrative Trials and Hearings (OATH)
Jurisdiction: The Office of Administrative Trials and Hearings (OATH) has functioned since 1979 as a central tribunal with the authority to conduct administrative hearings for any City agency, board, or commission. Initially, after OATH was created by executive order, the caseload consisted largely of disciplinary cases brought by City agencies against their employees. However, with the 1988 Charter revisions (Charter §§ 1048-49), which confirmed OATH's general jurisdiction, the caseload began to diversify considerably. City agencies began referring various matters pertaining to their licensing, regulatory, and enforcement authority, and OATH began to hear cases involving City contractors, including the final resolution of contract disputes heard by the Contract Dispute Resolution Board. In 2004, OATH acquired jurisdiction over vehicle retention hearings conducted after the Police Department seizes vehicles used as instrumentalities of crimes. In addition to functioning as a central tribunal, OATH administers the Administrative Judicial Institute and the Center for Mediation Services. The Institute has been created as a resource center to provide training, continuing education, research, and support services for administrative law judges and tribunals throughout the City. The Center for Mediation Services was created to serve as a City government conflict resolution center. For more information on each of these programs, please see the links below. Hearing Information: Hearings are more formal than those held in other City tribunals, and many respondents choose to hire an attorney. The annual caseload for OATH is approximately 2,500. Administrative Law Judges: OATH employs approximately 12 full-time administrative law judges. ALJs must be admitted to the New York State Bar for at least five years and are appointed for a five-year term. Penalties and Decisions: Penalties include a range of fines, monetary damages awards, compensatory damages, affirmative relief, vehicle seizure, employee termination, and suspension or revocation of licenses. Decisions are published. Center for Mediation Services
Jurisdiction: The Adjudication Division of DCA is a tribunal that hears regulatory charges against business owners brought by the Department and consumer complaints against businesses. The tribunal also has jurisdiction over some licensing cases that originate with the Police Department, the Fire Department, the Business Integrity Commission, or the American Society for the Prevention of Cruelty to Animals. Hearing Information: The burden lies with DCA to establish proof that the accused business has violated DCA rules. The hearing is less formal than one held in a traditional courtroom; however, due process is followed, and all parties are given the opportunity to present their case. Many people choose to represent themselves, although respondents are entitled to hire an attorney if they wish. The tribunal hears approximately 10,000 cases per year. Administrative Law Judges: The Adjudication Division of DCA employs nine administrative law judges, who must have at least three years of qualified legal experience. Penalties and Decisions: Depending on the violation, penalties can range from $100 to amounts in excess of $100,000, in addition to license revocation, suspension, padlock orders, sealing orders, and restitution. Decisions are published. Jurisdiction: The Impartial Hearing Office processes requests for impartial hearings regarding disagreements between parents and the Department of Education concerning the identification, evaluation, educational placement, or provision of a free appropriate public education to children with disabilities (ages 3-21), pursuant to the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act. Hearing Information: Many parents are represented by attorneys or advocates at hearings. The hearings are conducted by impartial hearing officers, who are equivalent to administrative law judges in other City tribunals. Hearing Officers: The IHO roster comprises approximately 50 active impartial hearing officers, who are attorneys with at least two years of experience in the areas of education, special education, disability rights or civil rights. Hearing officers are certified by the New York State Education Department. In order to serve as an IHO for the Department of Education, each must also successfully complete specific training on New York City procedures and regulations. IHOs are not DOE employees but are treated as consultants paid by the DOE to handle these administrative hearings. Decisions: The IHO renders and forwards the findings of fact and decision to the parties and to the State Education Department in accordance with regulatory timelines. The decision of the IHO is final and binding on both parties unless appealed to the State Review Officer (SRO). There are many possible outcomes of IHO adjudications, including orders that the child will receive supplemental services or be placed in an appropriate educational setting at another school. Decisions and related documents are confidential and must conform to appropriate confidentiality laws and regulations.
Jurisdiction: ECB has jurisdiction to hear complaints arising from quality-of-life law violations issued by a number of City agencies. ECB does not issue its own notices of violation, rather it adjudicates violations issued by 12 other City agencies. The range of offences includes dirty sidewalks, music played too loudly, vehicle abandonment, and fire safety violations. Hearing Information: ECB is one of the largest City tribunals, with a current annual caseload of over 700,000. The hearing is less formal than some other City tribunals, and courtroom hearings. Parties may use an attorney or other representative for the hearing, although most respondents choose to represent themselves. Administrative Law Judges: Approximately 200 part-time and full-time administrative law judges. Penalties and Decisions: Administrative law judges may only impose monetary penalties, or orders to correct a violation. The range of penalties is broad, as ECB hears a large variety of cases. ECB does not have the authority to revoke licenses. Appeals decisions are published.
Jurisdiction: The Adjudication Division of the DOF provides a forum for vehicle operators and owners in New York to contest parking tickets using the Internet, mail, or in person. The DOF also conducts appeals, commercial adjudications and appeals for tickets that have been issued to commercial vehicles, and red light camera adjudications for tickets that have been issued resulting from cameras placed at intersections around the City to photograph vehicles that drive through a red light. Hearing Information: Hearings are held in person and most parties choose to represent themselves. Hearings are also held through the mail or over the Internet. All hearings have relaxed rules of evidence and parties are given clear instructions on how to defend themselves. Approximately two million parking tickets are issued each year. Administrative Law Judges: Decisions are issued by approximately 150 part-time administrative law judges. Penalties and Decisions: Penalties range from monetary amounts of $45 to $180. Decisions are provided immediately for in-person hearings, and mailed within 60 days for Internet or mail adjudications. Decisions are not generally published.
Jurisdiction: DOHMH has jurisdiction to hear cases charging businesses and individuals with violations of the New York City Health Code, New York State Public Health Law, New York City Administrative Code, New York State Sanitary Code, and the Regulations of the New York City Health Commissioner. Hearing Information: Hearings are conducted either in person or through the mail, and relaxed rules of evidence are used. Many people choose to represent themselves at DOHMH hearings, although respondents have the right to hire an attorney. The issuing inspector is not required at the hearing as the information contained in the notice of violation is a sworn statement and can be sufficient evidence of the violation. However, the inspector may appear if requested by the respondent or the hearing examiner. The total annual caseload at DOHMH is approximately 40,000. Penalties and Decisions: DOHMH penalties range from $200 to $2000 for each violation. There is also the possibility of license suspension or revocation after a hearing, but those hearings are not conducted by the DOHMH tribunal. DOHMH decisions are not generally published. Administrative Law Judges: The DOHMH adjudications division employs five full time hearing examiners and approximately 40 part-time hearing examiners. They are required to have at least three years of litigation or adjudication experience prior to employment.
New York City Housing Authority - Applicant Appeals Unit In 2007, the Applicant Appeals Unit received approximately 1,500 hearing requests. New York City Housing Authority- Impartial Hearing Office The Impartial Hearing Office processes approximately 12,000 cases annually. Jurisdiction:The New York City Taxi and Limousine Commission (TLC), created in 1971, is the agency responsible for licensing and regulating New York City's medallion (yellow) taxicabs, for-hire vehicles (community-based liveries and black cars), commuter vans, paratransit vehicles (ambulettes) and certain luxury limousines. TLC licenses and regulates over 50,000 vehicles and approximately 100,000 drivers, performs safety and emissions inspections of the 12,778 medallion taxicabs three times each year, and conducts hearings and reviews appeals for violations of City and TLC rules and regulations, making it the most active taxi and limousine licensing regulatory agency in the United States. Charges may be brought as the result of a customer complaint or by an investigator. Hearing Information: TLC hearings are more formal than those at many of the City's administrative tribunals, and parties are often represented by an attorney or industry representative. In most cases, ALJ decisions are final. However, some decisions involving serious penalties are sent to the Chairperson in the form of a recommendation, who has the final decision-making authority. The TLC hears approximately 100,000 cases per year. Penalties and Decisions: Penalties range from $15 to $10,000, and possible license revocation. All TLC hearings are open to the public, and some decisions are published. Administrative Law Judges: There are between 50 and 80 part-time administrative law judges employed by the TLC. TLC administrative law judges are required to have at least three years of qualified recent legal experience. Jurisdiction: As part of the New York City Office of Administrative Tax Appeals, the Tax Appeals Tribunal (TAT) has jurisdiction to hear disputes between taxpayers and the Department of Finance arising from all City-administered taxes other than those levied on real property. Hearing Information: Most of the taxpayers are represented by an attorney or an accountant before TAT. Decisions: The outcome of the hearing can result in a reduction, or under certain circumstances, an increase of a tax assessment against the taxpayer. Decisions are published. Administrative Law Judges: TAT consists of two adjudicative divisions: the Administrative Law Judge Division employing four judges, and the Appeals Division employing three commissioners. Tribunal judges must have been admitted to the New York State Bar for at least five years, and commissioners must have at least ten years of post-admission experience. Jurisdiction: In accordance with State and local law, and as part of the New York City Office of Administrative Tax Appeals, the Tax Commission reviews and determines annual applications for correction of assessment filed by owners and other parties with a sufficient legal interest in properties they claim are incorrectly assessed or improperly denied an exemption from real property tax. Hearing Information: Real property tax assessment-related claims subject to formal administrative review and corrective action by the Tax Commission encompass: 1. excessive assessment; 2. misclassification; 3. unequal assessment; and 4. unlawful assessment. The Tax Commission's administrative determinations are subject to de novo judicial review. Commissioners/Hearing Officers: Pursuant to the New York City Charter, the Tax Commission comprises a President and six Commissioners appointed by the Mayor, with advice and consent of the Council, to staggered, six-year terms. The President, as the head of the agency, serves full-time, while the six Commissioners serve part-time. Each member of the Commission must have at least three years of business experience in real estate or real estate law. Additionally, the Commission must include at least one resident of each borough. The Tax Commission has twelve hearing officers who are not lawyers; they have assessor titles and real property appraisal backgrounds. Penalties and Decisions: Adjust assessed value. |  |
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