Settle a Food Service Establishment Violation

The settlement offer is lower than the minimum penalty recommended for all the violations found by the inspector. To settle, the owner of the food service establishment must admit that the violation(s) alleged in the summons existed at the time of the inspection, pay the settlement offer and submit the offer prior to the hearing date by following the instructions found in the Offer of Settlement sent to you by the Health Department. OATH is separate and independent from the Health Department, so it may not have information related to settlements offered by the Health Department.  You may be able to visit your account on the NYC Department of Health Permit and License Center to see if a settlement has been offered to you.

All recipients of summonses (“respondents”) can reschedule the hearing date, once. The request can be submitted using the Reschedule Upcoming Hearing Online form, found below. The request must be received by the OATH Hearings Division prior to the hearing date that is listed on the summons. If the hearing date is rescheduled, the food service establishment has until the new scheduled hearing date to accept the Health Department’s settlement offer.

If you are unrepresented and need assistance understanding the hearing process or understanding the settlement offer and your options, text OATHhelp to (917) 451-8829 and someone from OATH’s Help Center will reach out to assist you. You can also contact the OATH Help Center’s Small Biz Help Unit online and find more helpful information from the Help Center in the link below.

If the Offer of Settlement is accepted, the food service establishment owner is not required to attend a hearing. A settlement is considered a waiver of the right to appeal and a new hearing cannot be requested after accepting a settlement. Businesses that do not accept the Offer of Settlement must attend a hearing at the OATH Hearings Division. If businesses do not accept a settlement or appear for a hearing cannot be requested after accepting a settlement. 

Businesses that do not accept the Offer of Settlement must attend the hearing at the OATH Hearings Division. All administrative hearings at the OATH Hearings Division need to be scheduled in advance and before the scheduled hearing date listed on the summons. Most respondents participate in OATH’s convenient Hearing by Phone option. You must request your Hearing by Phone at least 3 business days before your scheduled hearing date by using the online Request a Phone Hearing for Upcoming Hearing form, found below.

If businesses do not accept a settlement and they also fail to timely schedule and/or participate in their hearing then the business will be found “in violation” by default and a higher penalty may be imposed. If a business wants to request a new hearing after receiving a default decision, they can do so using the online Request for New Hearing After a Failure to Appear (Default) form, found below. If the form is received by OATH within 75 days of the default decision, then OATH will automatically grant the request and send a new hearing date in the mail. The business then has up until that new hearing date to accept the Health Department’s Offer of Settlement or it must request its phone hearing at least 3 business days before the newly scheduled hearing date.