The New York City Office of Administrative Trials and Hearings (OATH) is accepting applications from qualified persons who would like to serve on Contract Dispute Resolution Board (CDRB) panels.

CDRB panels hear the final appeal in a three-step dispute resolution process contained in City contracts for construction, goods and services. Each CDRB panel consists of an OATH ALJ, as chair, a representative of the Mayor's Office of Contract Services, and a third member selected from a pre-qualified roster of individuals, established and administered by OATH, who has appropriate expertise and is unaffiliated with the City.

Nail salon discriminated against disabled customer.

ALJ Tynia Richard found that a nail salon refused to provide service to a woman who used a wheelchair due to her disability, in violation of the New York City Human Rights Law. The customer is deceased. Her sister, who witnessed the event, testified at the hearing. ALJ Richard credited the sister's testimony that after she complained about the long wait for service, the salon owner replied “we don't take her kind here,” and “she don't know nothing.”

Comm'n on Human Rights ex rel. Latif v. New Master Nail, Inc (in PDF), OATH Index Nos. 1576/10 & 1577/10 (Aug. 10, 2010).

More “rate4” taxi overcharge cases heard.

For the second consecutive month OATH ALJs heard cases where taxi drivers were charged with overcharging passengers on multiple occasions. None of the drivers appeared to contest the allegations, and all of the reported matters proceeded by inquest. Based on evidence offered by the Taxi and Limousine Commission, the drivers were found to have overcharged passengers on numerous occasions by using the out-of-town rate (rate 4) on the meter for trips within City limits.

Taxi & Limousine Comm'n v. Manawar (in PDF), OATH Index No. 169/11 (Aug. 13, 2010) (350 overcharges).

Inspector caught taking coins from seized van.

The Taxi and Limousine Commission brought a disciplinary case against respondent, a supervising Commission inspector, who was part of a team that seized a van thought to be an illegal commuter van. Taxi & Limousine Comm'n v. Dubose (in PDF), OATH Index No. 177/11 (Aug. 13, 2010).

Application to stay disciplinary hearing denied

ALJ John Spooner denied employee's request to stay her disciplinary action while she is on involuntary leave for disability.

Dep't of Consumer Affairs v. Santamaria, (in PDF), OATH Index No. 2455/10 (Aug. 6, 2010).