OATH/ECB Hearings & Penalties

If you admit guilt prior to the scheduled hearing, you do not have to attend the hearing and the OATH/ECB penalties may be reduced or eliminated. The violation will be shown on BISWEB as in violation.

Curing the Violation – Zero Penalty
If a ‘CURE Date’ is indicated on the face of a Notice of Violation/Summons, you are eligible to cure your violation. To cure, correct the condition and submit an acceptable Certificate of Correction on or before the “cure date”. If approved, you do not have to attend the hearing or pay a penalty.

Admitting the Violation– Standard Penalty Imposed
If you admit to the violation and submit a payment to OATH/ECB for the standard penalty prior to the scheduled hearing date, you do not need to attend the hearing.

Stipulation (pre-hearing) – Reduced Penalty Imposed
For certain violations/summonses, you have the option to enter into a stipulation with the Department in which you admit guilt in exchange for additional time (75 days) to correct the violating condition(s). You do not have to attend the hearing and a reduced penalty (usually ½ the standard penalty) is imposed. If eligible, a Stipulation Offer will be mailed to you by OATH/ECB. You may accept the stipulation offer any time before the hearing begins.

Attending a Hearing

You always have the right to a hearing at OATH/ECB Court if you wish to contest the violation/summons. At the hearing, you have the right to representation, but it is not required. You may bring witnesses or other evidence to substantiate a defense against the violation/summons. After the hearing, the OATH Hearing Officer will make a decision that will be mailed to you.

Hearing outcomes:

Dismissal – No Penalty Imposed
If you prevail in contesting your violation, you will not owe any penalties and your violation will be dismissed. However, the Department may re-inspect, reissue a violation, or appeal the decision.

In Violation – Standard Penalty Imposed
If you are found in violation, a penalty will be imposed. You have the right to appeal this decision. The appeal process is conducted entirely in writing, and therefore no further appearances are necessary.

Mitigation – Reduced Penalty Imposed
For certain violations, if you attend the hearing, admit guilt and demonstrate that the condition has been corrected, OATH Hearing Officer may impose a mitigated (reduced) penalty (½ the standard penalty).

Stipulation before the hearing – Reduced Penalty Imposed
If you receive and accept a stipulation offer, reduced penalties apply if you submit an acceptable certificate of correction to the department on or before the compliance due date.  Failure to submit an acceptable certificate of correction on or before the compliance due date nullifies the stipulation offer and standard penalties are reinstated.

Default – Five Times Standard Penalty Imposed
Failure to respond to a notice of violation/summons will result in a default judgement against you.  You will be found in violation and a penalty five times higher than the standard amount will be imposed.

DOB Penalty Schedule

Consult the Department’s Penalty Schedule to determine the applicable fines that may be imposed for your violation. Information can be found here.

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