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Legal Resources and Rule Making

OATH proposes and adopts rules in accordance with the City Administrative Procedure Act (CAPA). OATH publishes its proposed and final rules in The City Record and NYC Rules. OATH holds public hearings and accepts comments from the public on proposed rules. For more information about OATH's current Proposed Rules or recent Final Rules, or on how to attend a public hearing or submit a comment on a proposed rule, click on the relevant link below.

Proposed Rules

Proposed Final Rules

Final Rules

  • This final rule repeals the Department of Transportation penalty schedule found in Section 3-124 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY). The Department of Transportation has promulgated a rule which adds the Department of Transportation penalty schedule to Title 34 of the RCNY.


  • This final rule repeals the Fire Department penalty schedule, found in Section 3-106 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York. The Fire Department has promulgated a rule that adds the Fire Department penalty schedule to Title 3 of the Rules of the City of New York.


  • This final rule adds a new Chapter 7 of Title 48 of the Rules of the City of New York, concerning the community service program established by OATH as part of the Criminal Justice Reform Act.


  • This final rule repeals the Department of Parks and Recreation penalty schedule found in Section 3-116 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY). The Department of Parks and Recreation will promulgate a rule that adds the Parks’ penalty schedule to Title 56 of the RCNY.


  • This rule repeals violations of NYC Administrative Code Section 16-118 from the Sanitation Penalty Schedule, found in Section 3-122 of Subchapter G of Title 48 of the Rules of the City of New York. The NYC Department of Sanitation has promulgated a rule which includes the penalties for violations of Administrative Code Section 16-118.


  • This rule repeals the Buildings penalty schedule found in Section 1-103 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY). The Department of Buildings has promulgated a companion rule adding the Buildings penalty schedule to Title 1 of the RCNY.


  • This rule repeals the Noise Code penalty schedule found in Section 3-115 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York (RCNY). The Noise Code penalty schedule is now located in in Title 15 of the RCNY.


  • This rule repeals certain penalties found in Section 3-122 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York, the OATH ECB Sanitation Penalty Schedule. These penalties are repealed because they do not comply with Local Law 75.


  • This rule modifies the Department of Buildings Penalty Schedule, found in Section 3-103 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York. This rule amends two existing infractions related to Site Safety Managers/Coordinators and site-specific safety orientation programs, and adds five new infractions related to Construction Superintendents.


  • This rule modifies section 6-17 of Chapter 6 of Title 48 of the Rules of the City of New York. The change clarifies that certain decisions of the OATH hearing officers in the OATH Hearings Division are not final decisions.


  • This rule modifies various adjudication procedures at OATH and allows the OATH Hearings Division to adjudicate summonses formerly heard at the Environmental Control Board and the Taxi and Limousine Tribunal. These changes reflect organizational changes at OATH. They simplify, clarify and expedite the adjudications process and allow new types of cases to be adjudicated at OATH in the future.


  • This rule instructs hearing officers to impose penalties pursuant to penalty schedules contained in enforcement agency rules. It amends ECB's rules of procedure and repeals ECB's Air Code Penalty Schedule. DEP is separately incorporating the Air Code Penalty Schedule into its rules.

Legal Resources

OATH References

NYC Charter Chapter Establishing OATH
Glossary of legal terms
BenchNOTES

General References

New York City Rules includes City agencies' proposed and recently adopted rules
American Legal Publishing Corporation
CityAdmin Online Library is a database of City agencies' decisions, orders, and opinions
The City Record is the City's newspaper for public hearings and meetings, proposed and adopted rules, and other relevant notifications or solicitations
New York City Council Legislation
Laws of New York State includes links to New York City Charter and Administrative Code
ACRIS (Automated City Register Information System)