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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.

OATH’s Current Proposed Rules
OATH’s Current Final Rules

New Rule Petitions

If you would like to propose a new rule to OATH, you can submit a typewritten petition. The petition should include:

  • the proposed rule and all suggested language of the rule that you would like OATH to consider;
  • your argument in support of the rule;
  • you or your authorized representative’s name, telephone number, mailing address, and email address; and
  • your or your authorized representative’s signature.

Ways to Submit

Email:
Rules_Oath@oath.nyc.gov

Mail or In-Person:
Office of Administrative Trials and Hearings
66 John Street, 11th Floor
New York, NY 10038
ATTN: General Counsel

Follow the link below for more information about proposing a new rule.

Rules for Submission and Processing of Rulemaking Petitions

For more information about OATH's current Proposed Rules and recent Final Rules, or on how to attend a public hearing and submit a comment on a proposed rule, click on the relevant links below.


Proposed Rules

  • No proposed rules are being considered at this time.


Proposed Final Rules

  • No proposed final rules are being considered at this time.


Final Rules

  • This final rule amends OATH’s Rules of Practice located in chapter 6 of title 48 of the Rules of the City of New York governing the conduct of registered representatives and attorneys at OATH Hearings. Read the transcript of the May 18, 2022 Public Hearing on this rule and written comments.


  • This final rule clarifies the procedures for appearances and representation in OATH’s Hearings Division. Read the transcript of the May 18, 2022 Public Hearing on this rule and written comments.


  • This final rule provides more time to reopen a default and request a new hearing in OATH’s Hearings Division. Read the transcript of the April 5, 2022 Public Hearing on this rule and written comments.


  • This final rule amends OATH’s Rules of Practice in subchapter C of chapter 2 of title 48 of the Rules of the City of New York to update cross-references to rules relating to cases brought by the New York City Commission on Human Rights. Read the transcript of the May 18, 2022 Public Hearing on this rule.


  • This final rule adds a new chapter 8 to title 48 of the Rules of the City of New York to comply with section 1043(g) of the New York City Charter (City Administrative Procedure Act), which permits any person to petition a city agency to consider the adoption of a rule. Read the transcript of the December 21, 2021 Public Hearing on this rule.


  • This final rule updates penalties for violations of the Water Supply Law, rules pertaining to backflow devices, and rules that govern drilling and excavation. Read the transcript of the November 16, 2021 Public Hearing on this rule.


  • This final rule establishes procedures for pre-conference settlement negotiations in OATH’s Trials Division. Read the transcript of the November 5, 2021 Public Hearing on this rule and written comments.


  • This final rule repeals in their entirety the following penalty schedules: the Recycling – Sanitation Collection Rules Penalty Schedule, the Sanitation Asbestos Rules Penalty Schedule, the Sanitation Penalty Schedule, and the Vehicle and Traffic Law Penalty Schedule. It also repeals certain provisions of the Environmental Conservation Law Penalty Schedule and the Public Safety Graffiti Penalty Schedule. The Department of Sanitation has adopted a related rule with a penalty schedule incorporating the violations from the above-referenced penalty schedules. Read the transcript of the September 20, 2021 Public Hearing on this rule. Read the transcript of the September 20, 2021 Public Hearing on this rule.


  • This final rule clarifies, refines, and establishes rules for the conduct of remote proceedings. It includes amendments that streamline and modernize the processes of OATH's Trials and Hearings Divisions. Read the transcript of the September 20, 2021 Public Hearing on this rule and written comments.


  • This final rule updates the language of and corrects inconsistencies in chapters 2 and 3 of title 48 of the Rules of the City of New York. Read the transcript of the July 22, 2021 Public Hearing on this rule.


  • This final rule adds a new paragraph (3) to subdivision (a) of section 6-08 of title 48 of the Rules of the City of New York to clarify that the Chief Administrative Law Judge of OATH may, in his or her discretion, remove cases from the Hearings Division to the Trials Division. Read the transcript of the June 3, 2021 Public Hearing on this rule.


  • This final rule amends OATH’s Rules of Practice for its Trials and Hearings Divisions, currently codified in chapters 1 and 6 of title 48 of the Rules of the City of New York, to provide additional mechanisms to challenge certain discovery demands made during the course of OATH proceedings and to establish protections in order to assure individuals appearing before OATH that they may do so without experiencing intimidating threats.


  • This final rule adds a new subdivision (g) and makes corresponding amendments to subdivisions (e) and (f) of Section 6-23 of Title 48 of the Rules of the City of New York to require all registered representatives who appear before OATH's Hearings Division to present valid government-issued photo identification.


  • This final rule repeals the Hudson River Park penalty schedule, found in Section 3-113 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York. The Hudson River Park Trust has adopted a corresponding rule that adds its own penalty schedule to Section 751 of Chapter 16 of Title 21 of the New York Code of Rules and Regulations.


  • This final rule amends Subdivisions (a) and (b) of Section 6-19 of Title 48 of the Rules of the City of New York to permit access to financial hardship waivers for respondents appealing restitution orders.


  • This final rule repeals Section 3-111 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York, OATH’s Hazardous Substances Emergency Response Law (Hazardous Materials) Penalty Schedule.


  • This final rule amends chapter 5 of title 48 of the Rules of the City of New York to incorporate the requirements set forth in the recently added chapter 10 of title 19 of the Administrative Code of the City of New York, regarding procedures to be followed by the OATH Hearings Division in adjudicating summonses issued by the Taxi and Limousine Commission (TLC).


  • This final rule amends Chapter 7 of Title 48 of the Rules of the City of New York, concerning the community service program established by OATH pursuant to subdivision 4 of Section 1049 of the New York City Charter.


  • Effective June 1, 2019, this final rule repeals the Sewer Control penalty schedule, found in Section 3-123 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York. The Department of Environmental Protection has incorporated a similar penalty schedule into Chapter 56 of Title 15 of the Rules of the City of New York, which also goes into effect June 1, 2019.


  • This final rule amends sections 3-15 and 3-16 of subchapter A of chapter 3 of title 48 of the Rules of the City of New York concerning the appellate procedures that apply to proceedings conducted by OATH pursuant to section 1049-a of the New York City Charter.


  • This final rule repeals the Community Right-To-Know penalty schedule, found in Section 3-104 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York. The Department of Environmental Protection has promulgated a similar rule that will add a Community Right-To-Know penalty schedule to Chapter 41 of Title 15 of the Rules of the City of New York.


  • This final rule amends the table in section 7-02(a) of chapter 7 of title 48 of the Rules of the City of New York, to reflect the new monetary penalties set forth in section 16-118(9) of the Administrative Code of the City of New York for second and third violations of littering, sweep-out, throw-out, and spitting, as amended by Local Law 131 of 2018, and to correct an error in a rule citation.


  • This final rule repeals the Landmarks Preservation penalty schedule, found in Section 3-114 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York. The Landmarks Preservation Commission has promulgated a rule that adds a Landmarks Preservation penalty schedule to Appendix A of Chapter 11 of Title 63 of the Rules of the City of New York.


  • This final rule repeals the Air Asbestos penalty schedule, found in Section 3-101 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York. The Department of Environmental Protection has promulgated a rule that will add an air asbestos penalty schedule to its rules.


  • This final rule repeals and restates section 6-19 of subchapter D of chapter 6, and amends section 5-04 of chapter 5 of Title 48 of the Rules of the City of New York, concerning appellate procedures at OATH.


  • This final rule 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 default.


  • This final rule amends sections 6-14 and 6-15 of subchapter C of chapter 6 of title 48 of the rules of the City of New York, concerning adjournments.


  • This final rule amends section 6-09 of subchapter C and section 6-24 of subchapter F of chapter 6 of title 48 of the rules of the City of New York, concerning appearances.


  • This final rule repeals the Food Vendor penalty schedule, the Health Code and Miscellaneous Food Vendor Violations penalty schedule, the Health Code Lead Abatement Penalty Schedule, and the Public Health Law Penalty Schedule, found in Sections 3-107, 3-110, 3-112, and 3-117 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York. The Department of Health and Mental Hygiene is incorporating these penalty schedules into Chapters 6 and 7 of Title 24 of the Rules of the City of New York.


  • This final rule rule repeals the Public Wholesale Markets, Fulton Fish Market, and Other Public Markets penalty schedule, found in Section 3-108 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York. The Business Integrity Commission has promulgated a rule that adds a markets penalty schedule to its rules.


  • This final rule repeals the General Vendor penalty schedule, found in Section 3-109 of Subchapter G of Chapter 3 of Title 48 of the Rules of the City of New York. The Department of Consumer Affairs has promulgated a rule that adds the General Vendor penalty schedule to 6 RCNY section 6-68.


  • This final rule amends sections 7-02, 7-03, and 7-05 of Chapter 7 of Title 48 of the Rules of the City of New York, concerning the community service program established by OATH pursuant to new subdivision four of New York City Charter Section 1049, which was added by Local Law 73 of 2016.


  • 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)

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