OATH Hearings FAQs

Here are some frequently asked questions in regard to OATH hearings and how a lawyer can be of assistance.

What Do I Do After Receiving an OATH Summons?

Unless the summons has been dismissed as a result of a hearing held at OATH, a Certification of Correction must be submitted to Department's Administrative Enforcement Unit (AEU). Here are 4 aspects an OATH hearings lawyer can help you with in regards to this sort of summons.

  1. Obtain the required permits to correct the violating condition(s).
  2. Correct all violating conditions. Pay all applicable DOB civil penalties.
  3. Certify the summons/violation as corrected with AEU.
  4. If a hearing is required, attend the scheduled hearing at the OATH Hearings Division.

Do I Need to Attend an OATH Hearing?

There are three basic types of OATH hearings. Here is a rundown of them with some information about whether you need to attend or not. If you are unsure, then it is wise to consult with an OATH lawyer.

Curing the Summons: Zero Penalty, No Hearing: If the DOB Penalty Schedule indicates a summons is eligible for a CURE, then the summons may be cured. In order to do so, you must correct all violating condition(s) and submit an acceptable Certificate of Correction on or before the CURE Date. If this is approved, you do not have to attend the hearing or pay a penalty. If you are unsure of CURE eligibility, you can check the DOB Penalty Schedule or consult with a legal representative.

Stipulation (Pre-Hearing): Reduced Penalty Imposed: For certain summonses/violations, the DOB will offer a stipulation agreement. This agreement allows a respondent to admit guilt in exchange for additional time to correct the violating condition(s). If the summons/violation is certified as corrected by the stipulation compliance due date, then the respondent is not required to attend the hearing and a reduced penalty is imposed by OATH.

Default: Maximum Penalty Imposed: Summonses/violations require a response. Here are some of the common responses:

  • admit to the violation by curing the summons; or
  • admit to the violation by accepting a stipulation agreement; or
  • admit to the violation by paying the penalty prior to the scheduled hearing; or
  • attend the scheduled hearing to dispute the summons.

It is important to note, anyone who do not cure, stipulate, pay the penalty or attend the hearing will face higher default penalties up to $25,000 depending on the violation. So it is imperative to have these legal actions sorted otherwise you risk higher punishment.

Do Daily Penalties Apply for All Types of Summons?

No, there are not daily penalties for all summonses. A summons issued for illegal conversions are subject to additional daily penalties. To limit the imposition of additional daily penalties, you must certify the corrections as soon as possible. Daily penalties continue to accrue until the summons is certified as corrected, which are penalties are imposed by OATH.

Do I Need to Pay DOB Civil Penalties?

Work Without a Permit

Yes, DOB civil penalties apply if a summons/violation was issued for Work Without a Permit. These penalties must be paid or waived before the approval of a Certificate of Correction. Proof of payment or an approved waiver must be submitted with the Certificate of Correction application.

Immediately Hazardous (Class 1) Summonses

Class 1 summonses must be corrected immediately and a Certificate of Correction must be filed in order to prove the violating conditions have been corrected. Immediately Hazardous (Class 1) Summonses that that have been issued at construction sites larger than four families and have not been certified as corrected in a timely manner will face additional DOB civil penalties and re-inspections. Upon re-inspection, if it is determined the condition remains or an acceptable Certificate of Correction has not been filed with DOB, additional summonses may be issued. In order to avoid the civil penalty and further re-inspections of the condition, certify the summons as corrected as soon as possible.

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