Chapter II - Subchapter C

§2-24 Docketing the Case at OATH.

Respondents found in default and the matter proceeded as an inquest where the Commission presented proof of service of the notice of trial. Comm’n on Human Rights ex rel. Howe v. Best Apartments, Inc., OATH Index No. 2602/14 (Feb. 18, 2015), modified on penalty, Comm’n Dec. & Order (Mar. 14, 2016); Comm’n on Human Rights v. Jenkins, OATH Index No. 2331/13 (Dec. 18, 2013), adopted, Comm’n Dec. & Order (Apr. 14, 2014); Comm’n on Human Rights ex rel. Perez v. Lee’s Kapri Cleaners & Glen Lee, OATH Index No. 101/14 (Dec. 12, 2013).

Commission admonished by ALJ for not serving the notice of trial date within one business day of selecting that date, as required. However, because respondents were not prejudiced and had adequate time to prepare, ALJ found that no further sanctions were warranted. Comm’n on Human Rights v. Britati Realty, Inc., OATH Index No. 778/13 (May 21, 2013).

When respondents did not appear for a conference and the Commission was unable to provide proof that they were properly served with the notice of conference pursuant to OATH Rules 1-28(a) and 2-24(b), ALJ directed the Commission to serve respondents with a notice of trial, along with a proposal that the case would be conferenced prior to the trial. Comm’n on Human Rights ex rel. Canty v. Magnamart Cleaners & Launderers, OATH Index No. 2659/08 (Aug. 7, 2008).