New Developments in Practice at the Office of Administrative Trials & Hearings (OATH), New York City’s Central Administrative Tribunal
Tuesday, May 16, 2017
2 MCLE Credits
BBA Member $60 | Non-Member $100 | Law Student $10 | Non-Attorney $50
+$20 for walk-up registration
Hon. Fidel F. Del Valle
Chief Judge and Commissioner, OATH
Hon. Raymond E. Kramer
Executive Director, Center for Creative Conflict Resolution, OATH
Maria Marchiano, Esq.
Chief Clerk, OATH
OATH has implemented significant changes as part of a City-wide effort to reform the administrative justice system in the City of New York. This program will provide an overview of these far-reaching reforms.
Hearings Division: These reforms require both internal organizational changes at OATH, such as the creation of a new, centralized Clerk’s Office to unify OATH’s numerous hearing facilities in all five boroughs, as well as important external changes, such as the creation and implementation of a universal summons and electronic handheld summons-issuing technology. What had previously been three internal OATH tribunals hearing enforcement-related summons is now one unified Hearings Division. New OATH Hearings Division rules went into effect August 8, 2016 which streamlined the existing rules and procedures, so that the process by which people respond to summonses will be the same for all summonses filed at OATH. This is a major step forward in creating a uniform OATH Hearings Division that is responsible for the adjudication of all enforcement-related summonses. In addition, OATH’s jurisdiction has continued to expand. At the end of August 2016, per Executive Order 18 of 2016 signed by the Mayor, OATH began to hear cases from the Department of Consumer Affairs (DCA) that were previously adjudicated at an administrative tribunal housed within DCA. Also, with the enactment of the Criminal Justice Reform Act in June, OATH will be responsible, starting in June 2017, for adjudicating approximately 160,000 summonses that previously were heard in NYC Criminal Court. The new law also makes OATH responsible for establishing and administering a community service program as an alternative to the monetary penalties the law allows. This is a major criminal justice reform initiative that may serve as a national model.
Trials Division: The Trials Division continues to serve as the central administrative tribunal for more formal and complex administrative hearings referred by City agencies. The program will include an overview of the Trials Division and its jurisdiction and procedures.
Mediation: In addition to these City-wide initiatives, last year OATH launched the City’s Center for Creative Conflict Resolution (CCCR), which provides mediation and other conflict services to all City agencies and their employees
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