This glossary explains some legal terms that are used on this Web site or that you may find being used at ECB proceedings. The definitions below refer specifically to how those terms are used in ECB proceedings. The glossary and definitions are not intended for broad legal use.

Adjourn: to reschedule (postpone) a case at a hearing for a later date.

Adjudication: the resolution of a case by an ALJ.

Adjudicate: to have an ALJ resolve a case.

Administrative Hearing: the presentation to an ALJ of legal arguments and evidence in a case. 

Administrative Law Judge (ALJ): a specially trained attorney who presides at an administrative hearing at ECB and adjudicates the case.

Agency Representative: a City agency employee who presents the agency's evidence and legal arguments at an administrative hearing. Usually, the agency representative is a different person from the issuing officer.

ALJ: Administrative Law Judge.

Appeal: to have an ALJ's decision reviewed by the Environmental Control Board, which rules on the appeal.

Appear: to be present at ECB for the purpose of participating in legal proceedings.

Case: the set of facts and legal arguments from which a Notice of Violation arises.

Cease and Desist Order: a specialized type of order specific to certain types of cases including Air and Noise cases. A cease and desist order is issued by the full Board and directs a respondent who has failed to comply with a previous ECB order to immediately stop or correct a violation.

Cure: to correct a violation and prove by certification to the petitioner agency that the correction was made by the deadline given in the notice of violation. If accepted by the petitioner agency, a cure resolves an NOV without the need for further proceedings. "Cure" is allowed only for certain types of violations.

Default: a respondent's failure to appear at ECB or otherwise answer a notice of violation within the time period permitted.

Decision: the written result of an adjudication.

Dismissal: the resolution of a case in favor of the respondent.

Disposition: the final outcome of a case.

Disqualify: to make an Administrative Law Judge unable to hear or decide a case because of the judge's relationship to the parties, their representatives, or the nature of the case.

Evidence: the material (including documents and the testimony of witnesses) that is presented by a party to the Administrative Law Judge during a hearing for the purpose of proving a fact.

Ex Parte Communication: an exchange between an administrative law judge and one party in a case that concerns the case and occurs outside the presence of the other party and without that party's knowledge. Ex parte communications are generally prohibited.

Hearing: the presentation to a judge of legal arguments and evidence in a case.

Hearing Officer: an Administrative Law Judge.

Intervenor: a person (or other entity, such as a business or organization) who is not the petitioner agency or the respondent but who is permitted to participate in the proceeding. 

Issuing Officer: an authorized City employee (usually an inspector or police officer) who issues a notice of violation.

Jurisdiction: the range of City laws for which notices of violation are decided by ECB.

Notice of Appearance: a document record verifying that a respondent or the respondent's representative appeared at ECB for a hearing.

Notice of Violation (NOV): a written notice issued by a City agency to a respondent alleging a specific violation of a City quality-of-life law.

Order: an oral or written direction given to a party by an Administrative Law Judge or the full Environmental Control Board.

Party: the petitioner or the respondent. A party is a person (or other entity, such as a business or organization) who is entitled to participate in the proceedings and is legally bound by the resolution of the case.

Perjury: deliberately swearing under oath that a statement is true when the person swearing knows the statement is false.

Petitioner: the City agency, department, bureau, or commissioner charged with enforcing the particular law that the respondent is alleged to have violated.

Prima Facie: without need for further interpretation or support; "on its face." A notice of violation, if sworn to or affirmed, is prima facie evidence of the facts it contains.

Pro Se: without an attorney or other authorized representative.

Respondent: a person (or other entity, such as a business or organization) issued a notice of violation.

Respondent Representative: a non-attorney authorized to represent the respondent at a hearing.

Standing: the right to appear as a party on a Notice of Violation at ECB.

Stipulation: an agreement between the respondent and petitioner under which the respondent admits to the charge set forth on the notice of violation, often in exchange for a reduced penalty or an extension of time to comply.

Testimony: a statement made by a witness or party under oath.

Tribunal: the Administrative Law Judges, staff, and members of the Environmental Control Board.