Guide
Grade Pending in the window: what it means and what to do next
Grade Pending isn't a grade — it's a hearing date. What you bring to that hearing decides whether a B becomes an A or hardens into place.
Grade Pending means the score is being contested at OATH — the hearing decides what card you post. Here's how the process runs, when contesting pays, and how to show up with the right proof.
When this applies
Your establishment scored 14+ points at a graded inspection and you're deciding whether to contest — or you've already got the Grade Pending card up and a hearing coming.
How it's normally done — and how we make it easy
| Step | The usual way | With DailyDog |
|---|---|---|
| Contest or accept | Gut call in the week after the inspection | Every citation with its points on one card — count what's winnable before deciding |
| Hearing prep | A folder of receipts, assembled the night before | The record card holds the proof checklist per citation, with notes pinned where you left off |
| The date itself | On a paper summons under the register | A countdown with escalating reminders — and the reschedule form prefilled if you need it |
Step by step
- 1
Understand the trade you're making
Accepting the score means posting the B or C now. Contesting sends the citations to an OATH hearing and lets you post 'Grade Pending' until it's decided. If the hearing officer dismisses enough points to change the band, the better card posts.
- 2
Count the points that are actually winnable
Go citation by citation: which conditions were wrong, already fixed with proof, or cited too broadly? Points come off when a charge is dismissed — not for good intentions. If dismissing your best two or three charges still leaves you in the same band, contesting buys you a Grade Pending card and little else.
- 3
Gather proof per citation
Dated photographs, maintenance and pest-control logs, invoices, temperature records — matched to each cited condition. The hearing weighs what the inspector recorded against what you can show.
- 4
Decide who appears
You can appear yourself, send an attorney, or send a registered representative with a signed authorization form. Whoever goes should know the citations cold — reading them for the first time at the hearing is how points stick.
- 5
Post the card the outcome gives you
Win the band and post the better grade. Lose and the original grade posts, plus the penalties the hearing sustains. Either way, a card must be up — not posting one is itself a citable violation.
✎ Skip the form-filling — we type it for you
Members answer plain questions and get the official form back — typed onto the city's own PDF, checkboxes placed exactly, e-signed, prefilled from their property's tickets — with the mailing address, deadline, and attachment checklist on the way out.
Before you start — have this ready
- The summons number(s) and the hearing date.
- The inspection report with each citation's points — count what's winnable.
- Dated proof per citation: photos, pest-control and temperature logs, invoices.
Who to contact
What to ask
Confirm the hearing date and format options for your summons number, and — if you'll send someone in your place — what authorization they need to bring.
See if this is on your record
Look up any NYC establishment free — then let DailyDog watch the record so none of this sneaks up on you.
Frequently asked
- Is Grade Pending bad for business?
- Less bad than a C. Most customers read it as 'in process'. But it isn't a strategy — the hearing comes either way, and the outcome posts.
- Can we reschedule the hearing?
- Once, per party, if OATH receives the request before the hearing starts. DailyDog prepares the reschedule form (GN7a) with the summons details filled.
- What if we miss the hearing?
- That's a default — penalties at up to five times the standard amount, and the contested grade posts. You have 75 days to get the default reopened; the first request inside that window is granted automatically.
- Do we need a lawyer?
- Not required. Owners and managers argue these hearings routinely. Bring organized, dated proof per citation — that beats eloquence.
Verified 2026-07-13· Informational only, not legal advice · Confirm current requirements on the city's official portal