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Chapter I - Subchapter D

§ 1-48 Official Notice.

Unpublished Materials

Government Research

Official notice taken of research amassed by the federal government in support of the accuracy of GPS. Dep't of Education v. Halpin, OATH Index No. 818/07 (Aug. 9, 2007).

Unpublished Material

An unpublished agency policy governing penalty in an employee disciplinary case may either be proved at trial, officially noticed if filed with OATH pursuant to paragraph (b) of this section, or discerned from precedents. Transit Auth. v. Monteverde, OATH Index No. 1198/94 (Dec. 5, 1994).

In deciding the merits of a disciplinary petition against a police officer, the trial judge is entitled pursuant to paragraph (b) of this section to take official notice of provisions of the Patrol Guide on file with OATH. Police Dep't v. Connors, OATH Index No. 348/92 (Feb. 18, 1992).

Internet

Official notice was taken of symptoms of a disease listed on the website for National Institutes of Health. Dep't of Correction v. Rodriguez, OATH Index No. 277/06 (Mar. 27, 2006).

Official notice was taken of driving distances between points of travel as calculated on the internet website, www.Mapquest.com. Human Resources Admin. v. Allen, OATH Index No. 212/06 (June 28, 2006).

Official Notice Not Taken

A medical diagnosis must be based on evidence, it is not a matter of which official notice can be taken. Human Resources Admin v. Gonzalez, OATH Index No. 972/11 (Mar. 17, 2011), adopted, Comm’r Dec. (May 5, 2011).

ALJ declined to take judicial notice under subsection (a) of this section that employee’s “out of control” behavior constituted a manic episode in the context of a specific mental disorder. It was not an indisputable matter of common knowledge or the type of fact that can be admitted without proof. Human Resources Admin. v. Anonymous, OATH Index No. 1242/10 (May 4, 2010), modified on penalty, Admin/Comm’r Determination (June 16, 2010), aff’d, NYC Civ. Serv. Comm’n Item No. CD 11-17-A (Apr. 29, 2011).