48, Rules of the City of New York, Subchapter C
Of Practice Office Of Administrative Trials And Hearings (OATH)
Rules for Human Rights Cases
C - Additional Rules for Human Rights Cases
subchapter shall apply solely to cases brought by the New York City
Commission on Human Rights pursuant to the City Human Rights Law,
title 8 of the New York City Administrative Code. Chapter 1 of this
title shall also apply to such proceedings except to the extent
that it is inconsistent with this subchapter.
purposes of this subchapter:
“Commission” shall mean the New York City Commission
on Human Rights.
“Complainant” shall be defined according to the Commission’s
rules, 47 RCNY § 1-03.
“Party” shall be defined according to the Commission’s
rules, 47 RCNY § 1-03.
The complaint as defined in the Commission’s rules, 47 RCNY
§§ 1-11, 1-12 shall constitute the petition as defined
in §1-01 of Chapter 1 of this title.
“Petitioner” shall mean the Law Enforcement Bureau of
and recommendation. The report and recommendation referred to in
this title shall constitute the recommended decision and order referred
to in the Commission’s rules.
2-23 Proceedings Before Referral to OATH.
before the case is docketed at OATH shall be governed by the Commission’s
rules (47 RCNY §§ 1-01 to 1-62).
2-24 Docketing the Case at OATH.
Notwithstanding the provisions of § 1-26 of this title, only
the petitioner may docket a case at OATH. The petitioner shall docket
a case by delivering to OATH a completed intake sheet, the notice
of referral required by the Commission’s rules (47 RCNY §
1-7 1), the pleadings and any amendments to the pleadings, any notices
of appearances filed with the petitioner pursuant to the Commission’s
rules (47 RCNY § 1-15), and any changes of address filed with
the petitioner pursuant to the Commission’s rules (47 RCNY
Upon docketing the case at OATH, the petitioner shall serve notice
of trial, if a trial date has been selected, and notice of conference,
if a conference date has been selected, in compliance with §
1-28 of this title.
A person may move to intervene as a party at any time before commencement
of the hearing. Intervention may be permitted, in the discretion
of the administrative law judge, if the proposed intervenor demonstrates
a substantial interest in the outcome of the case. In determining
applications for intervention, the administrative law judge shall
consider the timeliness of the application, whether the issues in
the case would be unduly broadened by grant of the application,
the nature and extent of the interest of the proposed intervenor
and the prejudice that would be suffered by the intervenor if the
application is denied, and such other factors as may be relevant.
The administrative lawjudge may grant the application upon such
terms and conditions as he or she may deem appropriate and may limit
the scope of an intervenor’s participation in the adjudication.
A complainant shall be permitted to intervene as of right, upon
notice to all parties and the administrative law judge at or before
the first conference in the case, or, if no conference is held,
before commencement of trial. The Commission’s Law Enforcement
Bureau shall prosecute the complaint. Complainants and respondents
may be represented by counsel or other duly authorized representatives,
who shall file notices of appearance pursuant to the Commission’s
rules (47 RCNY § 1-15), if before referral of the case to OATH,
or pursuant to § 1-11 of this title, if after such referral.
§ 2-26 Withdrawal or Dismissal of
referral of a case to OATH, but before commencement of the hearing,
dismissal of the case by the petitioner on the grounds provided
in the Commission’s rules (47 RCNY § 1-22), or withdrawal
of the case by the petitioner pursuant to § I -32(f) of this
title, shall be effected by notice to all other parties and to the
administrative law judge. The complainant may move to withdraw the
complaint at any time before commencement of the hearing. All other
motions to withdraw or dismiss the petition shall be governed by
§§ 1-34 and 1-50 of this title.
§ 2-27 Entry of and Relief from Default.
If the notice of referral to OATH alleges that a respondent has
not complied with the requirements of § 1-14 of the Commission’s
rules (47 RCNY § 1-14), the respondent shall serve and file
an affidavit asserting that the respondent has complied with those
requirements, or asserting reasons constituting good cause for its
failure to comply with those requirements. Such affidavit shall
be served and filed at or before the first conference in the case,
or, if no conference is held, before commencement of the hearing.
If the respondent fails to serve and file such an affidavit within
the time allowed by this paragraph, the administrative law judge
shall declare the respondent to be in default and shall preclude
the respondent from further participation in the adjudication. If
the respondent timely serves and files such an affidavit, the administrative
law judge shall decide the questions presented, and shall either
declare the respondent to be in default and preclude the respondent
from further participation in the adjudication, or shall deny the
default in full or upon stated terms and conditions which may include
such limitations on the respondent’s participation in the
adjudication as the administrative law judge deems to be equitable.
A respondent against whom a default has been entered pursuant to
paragraph (a) of this section may move at any time before issuance
of the report and recommendation to open the default. Such a motion
must include a showing of good cause for the conduct constituting
the default, a showing of good cause for the failure to oppose entry
of the default in accordance with paragraph (a) of this section,
and a meritorious defense to the petition, in whole or in part.
In granting any such motion, the administrative law judge may impose
such terms and conditions as he or she deems to be equitable.
§ 2-28 Settlement Conferences.
addition to or instead of the conduct of settlement conferences
pursuant to §§ 1-30 and 1-31 of this title, the administrative
law judge may in his or her discretion, on the request of any party,
refer the case for a settlement conference to be conducted by the
Commission’s Office of Mediation and Conflict Resolution pursuant
to the Commission’s rules (47 RCNY subchapter F). In the discretion
of the administrative law judge, proceedings at OATH may be stayed,
in whole or in part, pending completion of such settlement conference
or for any shorter period of time.
Policy. Although strict compliance with the provisions of article
31 of the Civil Practice Law and Rules shall not be required, the
principles of that article may be applied to ensure orderly and
expeditious preparation of cases for trial.
(b) Scope of discovery.
With the exception of the substance of any oral or written communications
made by and between a complainant or complainant’s counsel
and the petitioner subsequent to a determination that probable cause
exists, the materials contained in the petitioner’s investigatory
file shall be available as of right to any party for inspection
and copying subsequent to docketing at OATH upon reasonable notice,
unless a default has been entered against that party by the administrative
In the absence of an agreement by the parties, the number of interrogatories,
including subparts, shall be limited to fifteen. The administrative
law judge may permit additional interrogatories upon application
for good cause shown.
Any party may take the deposition of any other party as of right.
Other depositions shall be taken only upon leave of the administrative
law judge for good cause shown. No person shall be deposed by the
party conducting the examination for a period aggregating more than
seven hours except upon consent of all parties or leave of the administrative
law judge for good cause shown. Deposition testimony may be recorded
by a stenographer or by videotape or audiotape recording, at the
option of the party conducting the deposition. The cost of the recording
and transcription of deposition testimony shall be borne by the
party conducting the deposition.
Sanctions. Failure to comply with or object to a discovery request
in a timely fashion as provided by § 1-33 of this title may
result in the imposition of sanctions as appropriate, including
those specified in § 1-33(e) of this title.
2-30 Interlocutory Review.
Within five days after issuance of any interlocutory order or decision,
a party may move for certification by the administrative law judge
that such order or decision may be submitted, in whole or in specified
part, for review by the chair of the Commission. If the party moving
for certification seeks a stay of proceedings, in whole or in part,
pending completion of the interlocutory review, the motion for certification
shall include a statement as to why the failure to grant the requested
stay would materially prejudice the party. Certification may also
be made, and a stay may be ordered, by the administrative law judge
on his or her own motion.
As provided by the Commission’s rules (47 RCNY § 1-74),
failure of a party to seek interlocutory review of a decision or
order shall not preclude that party from making such challenge to
the Commission in connection with the Commission’s review
of a report and recommendation in a case, provided that the party
timely made its objection known to the administrative law judge
and that the grounds for such challenge shall be limited to those
set forth to the administrative law judge.
2-31 Proceedings After Issuance of Report and Recommendation.
following issuance by the administrative law judge of the report
and recommendation in the case shall be governed by the Commission’s
rules (47 RCNY §§ 1-75, 1-76).