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THE CITY RECORD

WEDNESDAY, DECEMBER 5, 2018

summons requires personal appearance, a Respondent must appear pursuant to subsection 1 of this subdivision.
c
d
Where the terms of a summons authorize a Respondent to do so, a Respondent may also appear by admitting the violation charged on the summons and paying the penalty for the cited violation in the manner and by the time directed in the summons. Payment in full is deemed an admission of liability and no further hearing or appeal will be allowed.
Current Owner of a Property.
1

Notwithstanding the foregoing, if a prior owner of a property is named on the summons, the current owner of a property may appear on behalf of the prior owner if the summons:
A involves a premises-related violation, and B was issued after title to the property was transferred to the current owner.

2

The current property owner may appear for purposes of presenting a deed and indicating when title passed.

3

The current owner of the property may also present a defense on the merits of the charge only if the current owner agrees to substitute him or herself for the prior owner and waives all defenses based on service.

e
Failure to Appear by Respondent. A Respondents failure to appear timely pursuant to subsection 1 of subdivision b of this section, or to make a timely request to reschedule pursuant to 6-05 of this chapter, constitutes a default and subjects the Respondent to penalties in accordance with 6-20 of this chapter.

f
Notwithstanding any other provision of this section, attorneys or registered representatives who appear on fifteen 15 or more summonses on a given hearing date must comply with the requirements set forth in 6-24 of this chapter. Failure to do so constitutes a default and subjects the Respondent to penalties in accordance with 6-20 of this chapter.

g
A Petitioner may appear for a hearing through an authorized representative at the place, date and time scheduled for the hearing or by remote methods when the opportunity to do so is offered by the Tribunal. If Petitioner elects to appear at the Tribunal, Petitioners appearance for a hearing is considered timely if Petitioner is ready to proceed within thirty 30 minutes of the timely appearance by Respondent.

h Failure to Appear by Petitioner. If Petitioner fails timely to appear at the scheduled place, date and time, pursuant to subdivision g of this section, the hearing may proceed without the Petitioner.
2. Section 6-24 of Subchapter F of Chapter 6 of the rules of the City of New York is amended to read as follows:
a
b
of Title 48 of the Rules of the City of New York, concerning requests for new hearings after default. The proposed rule was published in The City Record on August 27, 2018, and a public hearing was held on September 26, 2018.
No one testified at the public hearing concerning this rule. OATH
received one written comment about this rule from Jack Jaffa &
Associates under the heading Limited Adjournments/Rescheduling, stating that the proposed rule mandates that a second default decision is not subject to review or appeal at the Tribunal. Notably, this amendment is merely a clarification of that fact. The amendments to Section 6-21e do not address the processes by which a respondent may request a reschedule or adjournment. OATH did not make any additional amendments to the rule based on this written comment.
Statement of Basis and Purpose of Final Rule The Office of Administrative Trials and Hearings OATH amends Section 6-21 of Subchapter E of Chapter 6 of Title 48 of the Rules of the City of New York, concerning requests for new hearings after a failure to appear. OATH replaces references to motion to vacate a default with request for a new hearing after default, which is easier for the public to understand and is similar to the terminology on OATHs forms and website. OATH also made amendments to clarify subdivisions e and f of Section 6-21. Subdivision e applies to respondents seeking to file a second request for a new hearing, and subdivision f applies to respondents filing a first request for a new hearing at least one year after receipt of the default decision.
The first paragraph of Subdivision e clarifies that respondents who have defaulted twice are not eligible to file another request for a new hearing and that the second default decision is the Tribunals final determination, subject to judicial review pursuant to Article 78 of the New York Civil Practice Law and Rules. The second paragraph of Subdivision e clarifies the exception under which the Chief Administrative Law Judge or his or her designee may consider granting a new hearing after the issuance of a second default decision. These amendments make clear that there are no additional administrative procedures to exhaust after the receipt of a second default decision in order to file a petition pursuant to Article 78.
The amendments to Subdivision f clarify that the discretion of the Chief Administrative Law Judge or his or her designee to consider a request for a new hearing more than one year from the date of the default decision applies only if it is the first such request made by the respondent.
New material is underlined.
Deleted material is in brackets.
Section 1. Section 6-21 of Subchapter E of Chapter 6 of Title 48
of the Rules of the City of New York is amended to read as follows:
a
Form of Motion Request. A motion to vacate a default request for a new hearing after default motion to vacate a default is a request motion by a Respondent for a new hearing after the Respondent did not appear and a default decision was issued. The Respondent must make this motion the request by application to the Tribunal on a form approved by the Tribunal. The motion request must be dated, contain a current mailing address for the Respondent; explain how and when the Respondent learned of the violation and be certified to under the penalties of perjury. If the motion request is made by an attorney or other representative, the motion request must explain the relationship between the Respondent and the person making the motion request.

b
A first motion to vacate a default request for a new hearing after default by a Respondent that is submitted within sixty 60 days of the mailing or hand delivery date of the default decision will be granted. A motion to vacate a default request for a new hearing after default that is submitted by mail must be postmarked within sixty 60 days of the mailing or hand delivery date of the default decision.

c
A motion to vacate a default request for a new hearing after default that is submitted after sixty 60 days of the date of the mailing or hand delivery date of the default decision must be filed within one 1 year of the date of the default decision and be accompanied by a statement setting forth a reasonable excuse for the Respondents failure to appear and any documents to support the motion to vacate the default request. The Hearing Officer will determine whether a new hearing will be granted.

d
Reasons for Failing to Appear. In determining whether a Respondent has shown a reasonable excuse for failing to appear at a hearing, the Hearing Officer will consider:

No attorney or registered representative may appear on fifteen 15 or more summonses on a given hearing date unless the attorney or registered representative emails or faxes in advance a written list of all scheduled cases to the Tribunal office in the borough where the cases are scheduled to be heard. This list must be sent no later than noon, two 2 business days before the scheduled hearing date.:
1

No later than noon two 2 business days before the scheduled hearing date, the Tribunal office in the borough where the cases are scheduled to be heard receives from the attorney or registered representative by email a written list of all scheduled cases;

2

Notices of Appearance are submitted in advance of the scheduled hearing, as directed by the Tribunal, to the Tribunal office in the borough where cases are scheduled to be heard; and
3

the attorney or registered representative appears at or before the scheduled hearing time, at the place and date for the scheduled hearing. The timeliness requirements set forth in 6-09b1 of this chapter, which allows a Respondent or a Respondents representative to appear within three 3 hours of the scheduled hearing time, does not apply when an attorney or representative is appearing on fifteen 15 or more summonses on a given hearing date.

Cases may be added to this list on the day of the hearing at the discretion of the Tribunal.

E d5

Notice of Promulgation of Rule NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY
VESTED in the Office of Administrative Trials and Hearings OATH
in accordance with Sections 1049 and 1043 of the New York City Charter that OATH amends Section 6-21 of Subchapter E of Chapter 6

6571

1

Whether the summons was properly served pursuant to applicable law.

2

Whether the Respondent was properly named, including