<<

Bronx Missed Hearings 260 East , 6th Floor If you do not respond to a summons on, or The Bronx, NY 10451 before the hearing date, you will receive a Monday ­– Friday decision in the mail that finds you in violation 8:00am ­– 5:00pm of the charge by default and you may have to pay a higher fine. 9 Bond Street, 6th & 7th Floor If you received a decision finding you in Brooklyn, NY 11201 default, you have two options: Monday – Friday 8:00am ­– 5:00pm Hearings Division • Pay the penalty and any additional penalties that may have been imposed. NYC’S INDEPENDENT AND IMPARTIAL ADMINISTRATIVE LAW COURT 66 John Street, 10th & 11th Floor , NY 10038 ...... OR ...... Monday ­– Friday 8:00am ­– 5:00pm The OATH Hearings Division is an independent Administrative Law Court that hears and decides • Request a new hearing. cases involving summonses issued by NYC 350 Marks Place, Main Floor enforcement agencies. OATH is separate from Staten Island, NY 10301 the agencies that issue the summonses. Monday ­– Friday 8:00am ­– 5:00pm The request for a new hearing MUST be The Help Center submitted using OATH’s Request for a New Hearing After a Failure to Appear form There is a Help Center in each of the OATH th rd available at nyc.gov/oath/missedhearings 31-00 47 Avenue, 3 Floor Hearings Division locations. The Help Center City, NY 11101 provides assistance and resources to assist or at all OATH Hearings Division locations. Monday – Friday Instructions for filing the request may be 8:00am ­– 5:00pm unrepresented respondents prepare for their hearing. We help unrepresented persons: found on the form and OATH’s website. 1-844-OATH-NYC (1-844-628-4692) • Understand the charges against them. Generally, you may request a new hearing • Learn their legal rights. only once for each summons that is in default. • Navigate the process at OATH. If the request for a new hearing is received by • Understand how to represent yourself at a the OATH Hearings Division within 60 days of hearing, appeal a decision, or what to do if the date of the missed hearing, then OATH will you missed a hearing date. automatically grant the request without you • Find legal resources, where respondents can having to provide an explanation as to why look up the law that applies to their case. you missed your hearing.

Joni Kletter An appointment is not necessary. You can come Commissioner & Chief Administrative Law Judge at any time before, on or after your hearing date. OFFICE OF ADMINISTRATIVE TRIALS AND HEARINGS You can also contact the Help Center at nyc.gov/oath [email protected] Your Hearing Remote Hearings Appealing a Hearing Decision If you receive a summons, you may contest Some types of summonses may be contested After your hearing, the OATH Hearings the charges by participating in an OATH online, by mail, by phone, or by webcam on Division will give or mail the decision to hearing. The hearing is your chance to or before the hearing date. If your summons you. If you disagree with the decision, you present your side of the case. says, “Must Appear,” then you must appear in may file an appeal. person for your hearing. You should be prepared with everything You MUST use OATH’s appeal form you need to prove your case, including available online at nyc.gov/oath/appeal any witnesses, legal or official records, or at all Hearings Division locations to photographs, or other documents. The An Online Hearing allows you to fight submit your appeal. Instructions for filing the summons by using a simple, online Hearing Officer hearing your case can only form at nyc.gov/oath/hearingonline If an appeal may be found on the form and review evidence or witness statements that you want to have an Online Hearing, the OATH’s website. are presented during the hearing. form must be submitted to the Hearings Division on or before the hearing date. Your appeal MUST be received by the OATH OATH hearings are informal. You may Hearings Division within 30 days of the represent yourself or, at your own A Hearing by Phone allows you to fight decision date, or 35 days if the decision expense, hire an attorney or non-attorney the summons by telling a Hearing Officer over the phone why you think was mailed to you. representative. the charges on a summons should be dismissed. You can call the OATH OATH provides free, instantaneous translation Remote Hearings Unit at (212) 436-0777 services at all in-person and remote hearings. before the scheduled hearing date to schedule your Phone Hearing. The Ombudsperson Reschedules A Video (Webcam) Hearing allows you to The Ombudsperson seeks to ensure fight the summons by telling a Hearing fairness and transparency in OATH’s If you need to change the date of your Officer over video or webcam why you hearing, call 1-844-628-4692, go online at think the charges on a summons should decision-making process by answering nyc.gov/oath/reschedule, or come in person be dismissed. You can call the OATH questions about OATH’s procedures, Remote Hearings Unit at (212) 436-0777 addressing concerns, fielding complaints, to any Hearings Division location before the before the scheduled hearing date to scheduled hearing date. Each party may only schedule your Video Hearing. They will and acting on suggestions on how to make one request to reschedule. send you a link to the hearing via email. improve OATH.

Admits/Settlements A Hearing by Mail allows you to fight the The Ombudsperson can be contacted by summons by sending a written defense stopping by any Help Center location or by to the OATH Hearings Division by regular emailing [email protected] If you do not wish to appear for a hearing mail. If you want to have a Hearing by and your summons has a mail-in penalty, Mail you must send your defense letter you may admit to the summons and pay to the address below before the hearing date on the summons. You may include the penalty by mail, online, or in person at other documents to support your case. any Hearings Division location. Additionally, OATH Remote Hearings Unit if the enforcement agency offered you a 66 John Street, 10th Floor settlement, you may accept the settlement New York, NY 10038 without appearing at a hearing.