§ 2-06 — Hearings, Reports and Recommendations and Orders

§ 2-06 Hearings, Reports and Recommendations and Orders.

(a) Designation. All hearings required by New York labor law articles eight and nine; real property tax law § 421-a(8), (16)(h) and (17)(g); and New York City Administrative Code §§ 6-109 and 19-142 are held by the office of administrative trials and hearings trials division. (b) Discovery. Each party must provide to all other parties, no later than ten business days before trial: (i) the names of all witnesses the party expects to present at trial, (ii) copies of all Documents or other exhibits the party expects to introduce at trial, (iii) copies of all Documents provided by each Complaining Worker and (iv) copies of all statements, in any form, provided by each Covered Employer that is a party to the hearing. (c) Preclusion. (1) Failure of a Covered Employer to provide any information or Document requested by the Bureau in a timely manner as set forth in 44 RCNY § 2-05(g) and (h) may be grounds for preclusion of that Document or drawing of an adverse inference at the trial upon motion to the administrative law judge. (2) No party may seek to introduce any testimonial, documentary or other evidence concerning the immigration status of Covered Workers at the trial, including but not limited to information about their social security or individual taxpayer identification numbers, except upon motion to the administrative law judge for good cause shown. (d) Report and recommendation. (1) Within a reasonable time after the conclusion of the hearing, the administrative law judge issues a written report, including proposed findings of fact and conclusions of law, and recommendation as to the order. (2) In cases brought under labor law articles eight and nine and New York City Administrative Code § 19-142, the administrative law judge forwards the report and recommendation to the Comptroller for consideration and the Comptroller issues an order. (3) In cases brought under real property tax law § 421-a(8), (16)(h), and (17)(g), the administrative law judge forwards the report and recommendation to the New York City department of housing preservation and development for consideration and that agency issues an order. (4) In cases brought under New York City Administrative Code § 6-109, the administrative law judge forwards the report and recommendation to the contracting agency for consideration, and the contracting agency issues an order. (e) Order. (1) In cases brought under labor law articles eight and nine and New York City Administrative Code § 19-142, the Comptroller may, on his or her own initiative or on application duly made, on notice to all parties: (i) request further information or briefing on any relevant issue or (ii) provide copies of any recalculation of Prevailing Wages and Supplements underpayment, interest and civil penalty, and request comments from the parties to the hearing before issuing an order. Such request and any responses are part of the record. (2) In cases brought under labor law articles eight and nine and New York City Administrative Code § 19-142, the Comptroller may adopt, reject or modify the administrative law judge's report and recommendation when issuing an order; such order is to be based exclusively upon the record as a whole, including facts of which official notice has been taken. (3) The Bureau files the order of the Comptroller and serves a notice of filing, with copy of the order, on every party. (Added City Record 6/29/2018, eff. 7/29/2018)