NYC 9/11 Public Portal Document
{C) & person with approprialc expertse who is not an emnioyes of the City. This person shall be selected
by the presiding administrative iaw judge from a prequalified pane! of individuals. established and administered by
OATH. with appropriate background to act as Secision-muakers in a dispute. Such mdividuals may not bave 2 contract or
dispme with the City or be an afficer or exmpioyes of any company or organization that does, or regularly represent
persons, companies, or organizanons having disputes with the City.
) Petition to CORB. In the event the claim has not been setied or adjusted by the Commroiler within
the period provided im this section, the suppiter, within thirty (30) days thereafter, may petition the CORB to review the
Agency Head determmation.
(a) Form and Content of Petition by Suppiier. The suppiter shall presen: its dispute to the CORB im the
form of a Petition, which shall include (1) a brief statement of the substance of the dispute, the zmount of money, if any,
clamed. and the rezsan(s) the suppiter contends that the dispute was wrongiy decitied by the Agency Head: Gi) a copy of
the decision of the Agency Head. (ti) contes of ali materizis submumed by the suppiier to the agency; (iv) a copy of the
Gecision of the Commprroiier, if any, aud (v) copies of ail carrespondence with, end materiai submuted by the suppiter to.
the Comproiler’s Office. The supniter shail concurrently submut four commicte sets of the Petition: ane 10 the
Corporation Counsel (Atm: Commercial and Real Estate Litigation Division), and three to the CORB at OATH’s
offices. with proof of service on the Corporation Counsel In addition, the suppiier shaii submit 2 copy of the statement
of the substance of the dispute, cited in (1) above, to both the Agency Head and the Comnmniler.
(b) Agency Response. Within thirty (30) days of receipt of the Petition by the Corporation Counsel, the
agency shail respond to the statement of the supplier and make available to the CDRB all material it submitted to the
Agency Head and Commrrolier. Three compiete copies of the agency response shall be submitted to the CDRB at
OATH’s offices and one to the supplier. Extensions of time for submittal of the agency response shall be given as
necessary upon a showing of good cause or, upan the consent of the parties. for an mitiai renod of up to thirty (30) days.
(c) Further Proceedings. The Board shail permit the supphter to present its case Dy Submissian of
memoranda, briefs, and oral argument. The Board shall also permit the agency to present its case in response to the
Coraprroiler snail provide reasonabie assistance m the preparanon of the agency's case. Neither the suppiter nar the
requested by the CORB. The CDRE, in ms discreuon, may seek such technicsi or other expert advice 2s it shall deem
appropriate and may seek, on it own or upon appitcanon of 2 party, any such additional material from any party as it
deems ni The CDRB, m us discrenon. may combine more than one dispute between the pares for concurrent
resoiunon. -
(d) CORB Determmmation. Within forty-five (45) days of the concinsion of all submissions end orai
arguments, the CORB shall render 2 decision resoiving the dispute. In an umusuaily compiex case, the CDRB msy
render its decision im 2 ionger period of time, not to exceed ninety (90) days, and shail so advise the parties af the
commencement of this period. The CORS’s decision must be consistent with the terms of the camtract. Decisions of the
CDRB shail oniy resoive matters before the CORB and shall no: have precedential effect with respect to matrers not
NYC-WTC_000154187
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