Settle a Food Service Establishment Violation

The Office of Administrative Trials and Hearings (OATH) helps food service establishments settle violations. These violations are given by a Department of Health inspector. The settlement offer is less than the minimum penalty recommended for all the violations found by the inspector.

To settle, you must:

• Admit the violation(s) existed at the time of the inspection
• Pay the settlement offer
• Submit the offer before the hearing date by following the instructions in the Offer of Settlement sent to you by the Health Department

OATH is separate from the Health Department. It may not have information about the settlements offered by the Health Department. You can check your account on the NYC Department of Health Permit and License Center to see if you have a settlement offer.

You can reschedule your hearing date once. Submit your request using the Reschedule Upcoming Hearing Online form before the hearing date listed on the summons. If you reschedule, you have until the new hearing date to accept the Health Department's settlement offer.

If you need help understanding the hearing process or the settlement offer, text OATHhelp to 917-451-8829. Someone from OATH's Help Center will assist you. You can also contact the OATH Help Center's Small Biz Help Unit online for more information.

If you accept the Offer of Settlement:

• You do not need to attend a hearing
• You give up the right to appeal
• You cannot request a new hearing after accepting the settlement

If you do not accept the settlement, you must attend a hearing at the OATH Hearings Division. Schedule your hearing in advance. Most people choose the Hearing by Phone option. Request your Hearing by Phone at least three business days before your scheduled hearing date using the Request a Phone Hearing for Upcoming Hearing form.

If you do not accept a settlement and do not schedule or attend your hearing, you will be found "in violation" by default and a higher penalty may be imposed. If you receive a default decision, you can request a new hearing using the Request for New Hearing After a Failure to Appear (Default) form. If OATH receives the form within 75 days of the default decision, they will grant the request and send a new hearing date in the mail. You then have until the new hearing date to accept the settlement or request a phone hearing at least three business days before the new hearing date.