§ 6-07 — Hearings, Reports and Recommendations and Orders

§ 6-07 Hearings, Reports and Recommendations and Orders.

(a) All hearings required by RPTL § 485-x(3), including proceedings to recapture or terminate ANNY Program Benefits, will be held by OATH and will proceed pursuant to the Rules of Practice Applicable to Cases at the OATH Trials Division, set forth at 48 RCNY §§ 1-01 et seq, except to the extent such rules conflict with this section. (b) Each party must provide to all other parties, no later than ten business days before a hearing (i) the names of all witnesses the party expects to present at the hearing, (ii) copies of all Documents or other exhibits the party expects to introduce at the hearing, (iii) copies of all Documents provided by each Complaining Worker and (iv) copies of all written statements provided by such party. (c) Preclusion. (1) Failure of a party to provide any information or Document requested by the Bureau in a timely manner as set forth in section 6-06(e) of this chapter may be grounds for preclusion of such information or Document or for the drawing of an adverse inference at the hearing upon motion to the OATH administrative law judge. (2) No party may seek to introduce any testimonial, documentary or other evidence concerning the immigration status of any Construction Employee at the hearing, including, but not limited to, information about their social security or individual taxpayer identification numbers, except upon motion to the OATH administrative law judge for good cause shown. (d) Report and Recommendation. (1) Within a reasonable time after the conclusion of the hearing, the OATH administrative law judge shall issue a written report, including proposed findings of fact and conclusions of law, and a recommendation as to the order. (2) The OATH administrative law judge shall forward the report and recommendation to the Comptroller for consideration and the Comptroller shall issue a final determination and order. (e) Orders Under RPTL § 485-x(3). (1) 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 Wages and Supplements underpayment and interest, and request comments from the parties to the hearing before issuing an order. Any such request and any responses thereto will be part of the record. (2) The Comptroller may adopt, reject or modify the OATH administrative law judge’s report and recommendation when issuing a final determination and order; such final determination and order is to be based exclusively upon the record as a whole, including facts of which official notice has been taken. (3) The Bureau must file the final determination and serve a notice of filing, with copy of the final determination, on every party. (Added City Record 6/30/2026, eff. 7/30/2026)