Hearings

An administrative hearing is an opportunity to be heard by an impartial hearing officer who is referred to as an Administrative Law Judge (ALJ). In general, there are two types of hearings: “Application Hearings” and “Revocation Hearings.” In these hearings, counsel for the New York Waterfront Commission will argue that your application to work on the waterfront should be denied, or that your license or registration should be revoked.

At the hearing, you will have the opportunity to defend yourself against the allegations filed against you in the Commission’s Notice of Hearing. The ALJ assigned to hear your case determines facts based on the evidence and arguments presented at the hearing.
 

You have a right to be represented by an attorney at this hearing. You may also choose to represent yourself. The Commission does not pay for your representation. If you retain an attorney to represent you, that person must advise the Commission by filing a written notice of appearance prior to the hearing. Afterwards, all Commission communications will be sent directly to your attorney.

An attorney will appear on behalf of the Commission to present the case against you.  Your hearing is your only opportunity to present facts or evidence in support of your case. 

If you do not appear, the case will proceed without you. Any documents you have submitted may receive little or no weight if you do not appear to testify about them under oath. If you do not appear, you will also lose the opportunity to object to evidence and question witnesses.

If you are deaf, or if you do not speak English or have difficulty understanding English, you may request an interpreter to assist you at the hearing by contacting the staff counsel assigned to your case. The interpreter will be provided at no cost to you. You must request an interpreter before your hearing.

Hearings may be held in person or virtually, depending on the circumstances. Hearings are generally open to the public. A court reporter will record the proceedings so that a transcript may be produced. At the start of the hearing, the ALJ will briefly explain the hearing procedure. Opening statements are permitted.

Evidence

Ordinarily, the presentation of evidence begins after the ALJ’s introduction. Each party may introduce evidence and challenge the evidence presented by the opposing party. 

You must come to your hearing prepared. You should bring evidence you believe will be helpful and relevant to your case. Evidence includes, but is not limited to, court documents, certificates showing rehabilitation, letters of recommendation and any other relevant documents. In addition to bringing original documents for the ALJ to consider, you must bring copies of any documents to leave with the ALJ. Any evidence that you give to the ALJ will not be returned to you.  

The ALJ will rule on the admissibility of evidence but is not bound by the strict rules of evidence. The ALJ may include hearsay testimony and may exclude testimony and other evidence that is irrelevant or repetitious.

Witnesses

Each party may call witnesses and question the opposing party’s witnesses. All witness testimony is taken under oath. Witnesses first answer questions from the party who called them and then may be cross-examined by the opposing party. 

A subpoena is an official document that requires a witness to appear and testify at your hearing. Documents not in your possession can also be subpoenaed. An attorney appearing for you may issue and serve subpoenas in accordance with the applicable provisions of the Waterfront Commission Rules and Regulations.

If your witness is willing to testify, or if you are able to find and submit documents on your own, a subpoena is not necessary. If you are appearing without an attorney, you may make application to the ALJ for the issuance of subpoenas. If a requested subpoena is signed by the ALJ, the service of that subpoena must be paid for and arranged by you.

Closing Statements and Briefs

At the end of the hearing, each party is permitted, but not required, to make a closing statement. In some circumstances, the ALJ may allow for additional documents or a written “brief” to be submitted after a hearing. If the ALJ does not ask for additional documents or briefs, the case is closed at the end of the hearing. If the ALJ asks for additional documents or briefs, a date will be set by which those documents must be received.  The case will end on that date, and the ALJ will not consider any documents received after that date. 

The length of each hearing varies and depends on the issues, evidence and witnesses.

After the hearing is over, the ALJ determines facts based on the evidence and arguments presented at the hearing, reviews the relevant law, and issues a Report and Recommendation to the Commission. Copies will be sent to all parties.

After a review of the record, the Commission may then accept, reject or modify the ALJ’s recommendations. You will receive a copy of the Commission’s Decision and Order. Pursuant to Article 78 of the Civil Practice Law and Rules, you may challenge the Commission’s decision by bringing a proceeding in the New York State Supreme Court.

For additional guidance, it is recommended that you consult with an attorney.
 

If you need to postpone your hearing, you can request an adjournment. Only the ALJ can grant an adjournment and will only do so for good cause. To request an adjournment, you must notify the ALJ in writing of the reason(s) for the request. Requests must be mailed to New York Waterfront Commission, 39 Broadway – 4th Floor, New York, New York 10006, Att: Commission Secretary, or by email to [email protected].