If you admit guilt prior to the scheduled hearing, you do not have to attend the hearing and the OATH penalties may be reduced or eliminated. The violation will be shown on BISWEB as in violation.
Curing the Violation – Zero Penalty
If there is a date indicated in the Cure Date box on the violation, you are eligible to cure your violation. To cure, correct the condition and submit a valid Certificate of Correction on or before the cure date. If approved, you do not have to attend the hearing or pay a penalty.
Admit Option – Standard Penalty Imposed
If you admit to the violation and submit a payment to OATH for the standard penalty prior to or on the scheduled hearing date, you do not need to attend the hearing.
Stipulation (pre-hearing) – Reduced Penalty Imposed
For certain violations, you have the option to enter into a stipulation with the Department in which you admit guilt in exchange for additional time (75 days) to correct the violating condition. You do not have to attend the hearing and a reduced penalty (usually ½ the standard penalty) is imposed. If eligible, a Stipulation Offer will be mailed to you by OATH. You may accept the stipulation offer any time before the hearing begins.
You always have the right to a hearing at OATH Court if you wish to contest the violation. At the hearing, you have the right to representation, but it is not required. You may bring witnesses or other evidence to substantiate a defense against the violation. After the hearing, the OATH Administrative Law Judge will make a decision that will be mailed to you. Hearing outcomes:
Dismissal – No Penalty Imposed
If you prevail in contesting your violation, you will not owe any penalties and your violation will be dismissed. However, the Department may re-inspect, reissue a violation, or appeal the decision.
In Violation – Standard Penalty Imposed
If you are found in violation, a penalty will be imposed. You have the right to appeal this decision. The appeal process is conducted entirely in writing, and therefore no further appearances are necessary.
Mitigation – Reduced Penalty Imposed
For certain violations, if you attend the hearing, admit guilt and demonstrate that the condition has been corrected, the OATH Administrative Law Judge may impose a mitigated (reduced) penalty (½ the standard penalty).
Stipulation at Hearing – Standard Penalty Imposed
Depending on the violation, you may have the option to enter into a stipulation with the Department during the first hearing. By entering into a stipulation, you admit guilt and agree to correct violating condition within 75 days.
Default – Five Times Standard Penalty Imposed
If you fail to attend your hearing, you will be found in violation and a penalty five times higher than the standard amount will be imposed.
Consult the Department's Penalty Schedule found in Title 1 of the Rules of the City of New York (1RCNY) Section 102-01 to determine the applicable fines that may be imposed for your violation.