§6-01 Definitions Specific to this Chapter
§6-02 Jurisdiction, Powers and Duties
§6-03 Language Assistance Services
§6-04 Computation of Time
As used in this chapter:
"Adjournment" means a request made to a Hearing Officer during a hearing to postpone the hearing to a later date.
"Appeals Unit" means the unit authorized under §6-19 of this Title to review hearing officer decisions.
"Appearance" means a communication with the Tribunal or any other participation in a proceeding before the Tribunal by a party, the attorney or representative of a party, or another individual in connection with a summons that is or was pending before the Tribunal. An appearance may be made in person or by remote means at the discretion of the Tribunal, as provided in this title.
"Board" means the Environmental Control Board of the City of New York.
"Charter" means the New York City Charter.
"Chief Administrative Law Judge" means the director and chief executive officer of OATH appointed by the Mayor pursuant to New York City Charter § 1048.
"Hearing Officer" means a person designated by the Chief Administrative Law Judge of OATH, or his or her designee, to carry out the adjudicatory powers, duties and responsibilities of the Tribunal.
"Inspector" means the inspector, public health sanitarian, or other person who conducted the inspection or investigation that resulted in the issuance of a summons.
"OATH" means the New York City Office of Administrative Trials and Hearings, including the OATH Trials Division and the OATH Hearings Division (see section 6-02).
"OATH Hearings Division" means the Health Tribunal, the Environmental Control Board as defined in Charter §1049-a, and the Administrative Tribunal referenced in Title 19 of the Administrative Code of the City of New York.
"OATH Trials Division" means the adjudicatory body authorized to conduct proceedings pursuant to Chapters 1 and 2 of this Title.
"Party" means the Petitioner or the person named as Respondent in a proceeding before the Tribunal.
"Person" means any individual, partnership, unincorporated association, corporation, limited liability company or governmental agency.
"Petitioner" means the governmental or individual who issued a summons.
“Remote means” refers to any means of communication or attendance, as applicable, that does not require the physical presence of a party, representative, or other individual and that has been approved by the Tribunal. At the discretion of the Tribunal, remote means may include, but are not limited to, telephonic communication, postal mail and online communication, including e-mail and videoconferencing.
“Representative” means an individual who is not an attorney admitted to practice in New York State and who is authorized by a Respondent to appear at or before the Tribunal on behalf of the Respondent. An attorney suspended or disbarred in any state or territory may not be serve as a Representative.
"Reschedule" means a request made to the Tribunal prior to the scheduled hearing for a later hearing date.
"Respondent" means the person against whom the charges alleged in a summons have been filed.
"Summons" means the document, including a notice of violation, issued by Petitioner to Respondent, which specifies the charges forming the basis of an adjudicatory proceeding before the Tribunal.
"Tribunal" means the OATH Hearings Division.
Appropriate language assistance services will be afforded to respondents whose primary language is not English to assist such respondents in communicating meaningfully. Such language assistance services will include interpretation of hearings conducted by Hearing Officers, where interpretation is necessary to assist the respondent in communicating meaningfully with the Hearing Officer and others at the hearing.
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