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The Office of
Administrative Trials and Hearings (OATH) functions as the City's
central administrative tribunal with the authority to conduct administrative
hearings for all City agencies. As the City's only independent central
tribunal, OATH hears diverse and complex proceedings involving both
mayoral and non-mayoral agencies. OATH is an independent agency
of government so that its judges can provide an unbiased assessment
of the matters to be adjudicated.
Traditionally,
administrative hearings were conducted by hearing officers who were
employees of the same agency that brought the administrative proceeding.
Modern administrative law is moving away from internal hearing officers
and towards a central tribunal system like OATH, where the judges
are fully independent of the agencies whose advocates appear before
them and where the judge has the same relationship with the prosecution
as with the defense. The central tribunal enhances confidence in
the fairness and neutrality of the process. OATH, which was established
in 1979, is the country's first municipal central tribunal. Chicago
and Washington, D.C. have since established central tribunals, and
twenty-six states have moved, at least partially, to centralized
administrative adjudication.
The diversity of the issues adjudicated by OATH can be measured by the fact that during Fiscal Year 2007, OATH docketed 2,328 cases from more than 30 agencies involving 14 different case types and subject matters. OATH classifies the cases referred for adjudication into seven primary categories: personnel, vehicle forfeiture, license, regulatory, real estate/land use, contract and discrimination.
As part of its
mission to improve administrative adjudication, all OATH decisions
are available on the Internet to aid attorneys and others in researching
administrative law issues. This website was developed in cooperation
with the Center for New York City Law. The website offers both summaries
and full text versions of all OATH decisions, both past and present,
and is located at www.citylaw.org.
We at OATH are
proud to offer this innovation to the New York City legal community.
We encourage all who use it to contact us with comments and suggestions
for improvements.
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