Chief Judge Roberto Velez appointed Ingrid Addison to a five-year term as an OATH Administrative Law Judge on November 5, 2007. Judge Addison was most recently Deputy Director and senior attorney with the Padlock & Sign Enforcement Unit of the Department of Buildings, where she worked for five years.

The rates for Contract Dispute Resolution Board (CDRB) panelists have been increased, effective October 2007. The new rates are $500 for the preliminary review and attendance at the oral argument and $125 per hour for additional work. The prior rates had been in effect for more than ten years.

Architect loses self-certification privileges.

The Department of Buildings sought to revoke an expediter's registration and an engineer's self-certification privileges for submitting altered photographs relating to two pavement plans and an alteration application that falsely represented a particular structure.

ALJ Miller found that petitioner failed to establish that the expediter knowingly or negligently submitted the falsified photographs. The proof did establish, however, that the engineer negligently submitted doctored photographs, and false Plan/Work Reports and Site Plan. The ALJ recommended charges against the expediter dismissed, and that the engineer's self-certification privileges be rescinded. Dep't of Buildings v. Fekete (in PDF), OATH Index Nos. 1118-19/07 (Oct. 26, 2007).

Public safety risk based on high blood alcohol results

Chief ALJ Roberto Velez found that an excessively high blood-alcohol level constitutes an aggravating factor when assessing whether returning the vehicle to respondent would pose a heightened risk to public safety.

Respondent's blood alcohol level was tested at.173%, which is more than twice the legal limit of .08%. The ALJ found that such a high level demonstrated a severe degree of recklessness indicating a heightened risk to public safety. The Department was allowed to retain the vehicle pending the outcome of the civil forfeiture proceeding. Police Dep't v. Figueroa (in PDF), OATH Index No. 391/08 (Oct. 2, 2007).

Shelter supervisor should be suspended for insubordination.

ALJ Joan Salzman recommended a 30-day suspension for a supervisor of a domestic violence shelter who was AWOL, improperly criticized fellow staff members in the shelter's log book, and threatened and/or intimidated his supervisor.

The AWOL charge concerned the supervisor's absence on a legal holiday, July 4th. Because the shelter never closes, staff is expected to work if their regular shift falls on a legal holiday, unless a written request to be excused is approved. ALJ Salzman did not credit respondent's testimony that he orally requested the time off, in the face of more credible testimony to the contrary by petitioner's witnesses.

The ALJ also found respondent insubordinate for continuing to enter complaints about other staff in the official log after being instructed not to do so. In light of on-going conflicts between staff members, the ALJ suggested that mediation might alleviate some of the workplace conflict. Human Resources Admin. v. Uddin (in PDF), OATH Index No. 1286/07 (Oct. 3, 2007).

For hire vehicle license revoked for insurance fraud conviction

ALJ Lewis recommended license revocation for a driver of for-hire vehicles. The ALJ found that the driver lacked the good moral character required of a licensee in view of his guilty plea to a misdemeanor charge of insurance fraud.

The driver's claim that he did not know he was committing fraud when he filed a false accident report was not believable. He also showed a lack of contrition by failing to make restitution for the almost $14,000 paid out by the insurer for physical therapy sessions. Taxi & Limousine Comm'n v. Carpio (in PDF), OATH Index No. 395/08 (Sept. 20, 2007).