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

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

• This proposed final rule would amend its Rules of Practice for the Hearings Division, found in chapter 6 of title 48 of the Rules of the City of New York, to indicate that findings made by Hearing Officers in trade waste proceedings filed by the Business Integrity Commission (BIC) are recommendations to BIC rather than final decisions and orders. Read the transcript of the February 22, 2023 Public Hearing on this rule and written comments.

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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.

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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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