The Office of Administrative Trials and Hearings (OATH) processes settlement offers that have been sent to food service establishments which have been issued Notices of Violation (NOV) by a Department of Health inspector. In order to settle, the owner of the food service establishment must admit that the violation(s) alleged in the NOV existed at the time of the inspection.
If the Offer of Settlement is accepted, the food service establishment owner is not required to attend a hearing before an OATH Hearing Officer, and will be assessed a fine lower than the minimum recommended for the violations found by the inspector. A settlement is considered a waiver of the right to appeal and a new hearing cannot be requested after accepting a settlement. Businesses that do not accept the Offer of Settlement must attend a hearing at the OATH Hearings Division. If businesses do not accept a settlement or appear for a hearing (either online, by mail, by phone or in-person) then the business will be found in violation by default and a higher penalty may be imposed.
66 John Street, 11th floor
New York, NY 10038
For further assistance, please call 311 and ask for: Health Violation Settlement