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Get Request For A New Hearing After A Failure To Appear

For Internal Use Only NSL Mailed Date: Request for a New Hearing After a Failure to Appear (Motion to Vacate a Default) A separate request must be made for each summons/notice. Please read the instructions.

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How to fill out the Request For A New Hearing After A Failure To Appear online

This guide provides clear instructions on completing the Request For A New Hearing After A Failure To Appear form online. Following these steps will ensure that you submit an accurate request, increasing the chances of having a new hearing scheduled.

Follow the steps to effectively complete your request form.

  1. Press the ‘Get Form’ button to access the form and open it in the online document editor.
  2. Begin by entering your personal information in the section titled 'Information About the Person Completing This Form.' Fill in your name, mailing address, telephone number, city, state, and zip code.
  3. Indicate whether you are the named respondent on the summons/notice by checking 'Yes' or 'No'.
  4. If you selected 'No', answer the additional questions regarding your relationship to the respondent and whether you are authorized to represent them. Provide any necessary details about your connection to the respondent.
  5. Next, fill out the 'Information About the Summons/Notice and Respondent' section. Enter the summons/notice number and the respondent's name exactly as it appears on the document.
  6. Complete the respondent's current mailing address and provide the date they first learned about the summons/notice along with how they learned about it.
  7. Proceed to the 'Reason For Which A New Hearing Should Be Granted' section. Make sure to check at least one box that applies to your situation, providing any required documentation as needed.
  8. In the final section, print your name, sign the form, and date it to certify the accuracy of the information provided.
  9. After reviewing the completed form for accuracy, save your changes, and then download, print, or share the form as needed.

Take action now to submit your Request For A New Hearing After A Failure To Appear online!

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Welcome to the OATH Hearings Division OATH is the City's central independent administrative law court; it is not part of the state court system. The OATH Hearings Division is the division of OATH that is responsible for holding hearings on summonses issued by a variety of agencies.

When an ECB hearing is unattended, it goes into default. The named respondent is automatically presumed to be in violation, and may face increased penalties (by as much as 5 times the amount of the face value fine) as a result.

A “default” is a decision that finds you in violation of the charge(s) when you do not respond timely to a Summons or Notice. The default decision will tell you that the legally- mandated default penalty amount has been imposed in your case.

A DOB-ECB violation is an infraction issued by a DOB inspector in conjunction with an Environmental Control Board hearing, and possible fine. DOB-ECB violations are issued to a named respondent and associated with the property where the infraction occurred.

When an ECB hearing is unattended, it goes into default. The named respondent is automatically presumed to be in violation, and may face increased penalties (by as much as 5 times the amount of the face value fine) as a result.

The OATH Hearings Division holds hearings on what are called Environmental Control Board, or ECB cases. These cases involve summonses that are issued by 13 different City enforcement agencies responsible for protecting the public's health and safety and ensuring it has a clean environment.

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