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Chapter II Subchapter A

Rules of Practice Applicable to Cases at the OATH Trials Division

§ 2-01 Applicability.

This subchapter applies solely to prequalified vendor appeals pursuant to § 324(b) of the Charter and the rules of the Procurement Policy Board, 9 RCNY § 3-10(m). Chapter 1 also applies to such proceedings except to the extent that it is inconsistent with this subchapter.
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§ 2-02 Docketing; Service of the Petition.

(a) A vendor must docket an appeal by delivering to OATH a completed intake sheet, with a petition and appropriate proof of service of the petition upon the agency whose prequalification determination is to be reviewed. The petition must include a copy of the determination to be reviewed and must state the nature and basis of the challenge to the determination.

(b) The petition must be accompanied by a notice to the respondent of its time to serve and file an answer. The notice described in § 1-23(a) is not required.
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§ 2-03 Answer; Reply.

(a) If the petition is served personally on the respondent, the respondent must file an answer, with appropriate proof of service, within fourteen days of the respondent’s receipt of the petition. If the petition is served by mail, it will be presumed that the respondent received the petition five days after it was served.

(b) The answer must include the determination to be reviewed, the basis of the determination, admission, denial or other response to each allegation in the petition, and a statement of any other defenses to the petition. The basis of the determination included in the answer must consist of all documentation and information that was before the agency head, including any submissions by the vendor. To the extent that information in support of the determination was not written, it must be reduced to writing and included in the answer in the form of affidavits or affirmations, documentary exhibits, or other evidentiary material. Also, defenses may be supported by evidentiary material. The answer may be accompanied by a memorandum of law.

(c) If the respondent's attorney or other representative has not already filed a notice of appearance, such notice must be filed with the answer.

(d) Within fifteen days of the service of the answer, or within twenty days if such service is by mail, the petitioner may file a reply. The reply may include affidavits or affirmations, documentary exhibits, or other evidentiary material in rebuttal of the answer, including information provided to the agency head which was not written. The reply may be accompanied by a memorandum of law.

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§ 2-04 Further Proceedings.

An appeal will be decided on the petition, answer and reply, unless the administrative law judge directs further written submissions, oral argument, or an evidentiary hearing, as may be necessary to the decision of the appeal.
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§ 2-05 Discovery.

Discovery may not be permitted except upon order of the administrative law judge in connection with § 2-04.

§ 2-06 Determination.

The administrative law judge will render as expeditiously as possible a determination as to whether the agency's decision is arbitrary or capricious.
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§ 2-07 Copies of Determination.

The respondent must send copies of the administrative law judge’s determination to such non-parties as may be required, for instance, by the rules of the Procurement Policy Board, 9 RCNY § 3-10(m)(5).