N.Y. VAT. LAW § 240 : NY Code - Section 240: Hearings, notice and conduct

Search N.Y. VAT. LAW § 240 : NY Code - Section 240: Hearings, notice and conduct

* 1. Notice of hearing. Whenever
  a person charged with a parking violation enters a plea of not guilty or
  a person alleged to be liable in accordance with section eleven  hundred
  eleven-a  of  this  chapter  or  section eleven hundred eleven-b of this
  chapter as added by section sixteen of the chapter of the  laws  of  two
  thousand  nine which amended this paragraph subdivision, for a violation
  of subdivision (d) of section eleven  hundred  eleven  of  this  chapter
  contests such allegation, or a person alleged to be liable in accordance
  with  the provisions of section two thousand nine hundred eighty-five of
  the  public  authorities  law  or  sections  sixteen-a,  sixteen-b   and
  sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
  hundred fifty, the bureau shall advise such person  personally  by  such
  form of first class mail as the director may direct of the date on which
  he  or  she  must appear to answer the charge at a hearing. The form and
  content of such notice of hearing shall be prescribed by  the  director,
  and  shall  contain  a  warning  to  advise  the  person  so pleading or
  contesting that failure to appear on the  date  designated,  or  on  any
  subsequent  adjourned  date,  shall be deemed an admission of liability,
  and that a default judgment may be entered thereon.
    * NB Effective until December 1, 2014
    * 1. Notice of hearing. Whenever  a  person  charged  with  a  parking
  violation  enters  a plea of not guilty or a person alleged to be liable
  in accordance with section eleven hundred eleven-b of  this  chapter  as
  added by section sixteen of the chapter of the laws of two thousand nine
  which  amended  this  subdivision  for a violation of subdivision (d) of
  section eleven hundred eleven of this chapter contests such  allegation,
  the  bureau  shall  advise  such person personally by such form of first
  class mail as the director may direct of the date on  which  he  or  she
  must  appear  to answer the charge at a hearing. The form and content of
  such notice of hearing shall be prescribed by the  director,  and  shall
  contain  a  warning  to advise the person so pleading or contesting that
  failure to appear on the date designated, or on any subsequent adjourned
  date, shall be deemed an admission of  liability,  and  that  a  default
  judgment may be entered thereon.
    * NB Effective and expires December 1, 2014
    * 1.  Notice  of  hearing.  Whenever  a  person charged with a parking
  violation enters a plea of not guilty,  the  bureau  shall  advise  such
  person  personally  by such form of first class mail as the director may
  direct of the date on which he must appear to answer  the  charge  at  a
  hearing.  The  form  and  content  of  such  notice  of hearing shall be
  prescribed by the director, and shall contain a warning  to  advise  the
  person  so pleading that failure to appear on the date designated, or on
  any  subsequent  adjourned  date,  shall  be  deemed  an  admission   of
  liability, and that a default judgment may be entered thereon.
    * NB Effective December 1, 2014
    * 1-a.  Fines  and  penalties.  Whenever a plea of not guilty has been
  entered, or the bureau has been notified that an allegation of liability
  in accordance with section eleven hundred eleven-a of  this  chapter  or
  section  eleven  hundred  eleven-b  of  this chapter as added by section
  sixteen of the chapter of the laws of two thousand  nine  which  amended
  this  subdivision  or  an  allegation  of  liability  in accordance with
  section two thousand nine hundred eighty-five of the public  authorities
  law  or  sections  sixteen-a,  sixteen-b  and sixteen-c of chapter seven
  hundred seventy-four of the laws of nineteen  hundred  fifty,  is  being
  contested, by a person in a timely fashion and a hearing upon the merits
  has been demanded, but has not yet been held, the bureau shall not issue
  any  notice  of  fine or penalty to that person prior to the date of the
  hearing.

    * NB Effective until December 1, 2014
    * 1-a.  Fines  and  penalties.  Whenever a plea of not guilty has been
  entered, or the bureau has been notified that an allegation of liability
  in accordance with section eleven hundred eleven-b of this  chapter,  as
  added by section sixteen of the chapter of the laws of two thousand nine
  which  amended  this  subdivision,  is being contested, by a person in a
  timely fashion and a hearing upon the merits has been demanded, but  has
  not  yet  been  held,  the  bureau shall not issue any notice of fine or
  penalty to that person prior to the date of the hearing.
    * NB Effective and expires December 1, 2014
    * 1-a. Fines and penalties. Whenever a plea of  not  guilty  has  been
  entered  by  a  person in a timely fashion and a hearing upon the merits
  has been demanded, but has not yet been held, the bureau shall not issue
  any notice of fine or penalty to that person prior to the  date  of  the
  hearing.
    * NB Effective December 1, 2014
    2. Conduct of hearings.
    * a.  Every  hearing  for  the  adjudication  of  a  charge of parking
  violation or an allegation  of  liability  in  accordance  with  section
  eleven  hundred  eleven-a  of this chapter or in accordance with section
  eleven hundred eleven-b of this chapter as added by section  sixteen  of
  the  chapter  of  the  laws  of  two  thousand  nine  which amended this
  paragraph or an allegation of liability in accordance with  section  two
  thousand  nine  hundred  eighty-five  of  the  public authorities law or
  sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
  seventy-four  of the laws of nineteen hundred fifty shall be held before
  a hearing examiner in accordance with rules and regulations  promulgated
  by the bureau.
    * NB Effective until December 1, 2014
    * a.  Every  hearing  for  the  adjudication  of  a  charge of parking
  violation or an allegation  of  liability  in  accordance  with  section
  eleven  hundred eleven-b of this chapter, as added by section sixteen of
  the chapter of  the  laws  of  two  thousand  nine  which  amended  this
  paragraph  shall  be  held  before a hearing examiner in accordance with
  rules and regulations promulgated by the bureau.
    * NB Effective and expires December 1, 2014
    * a. Every hearing  for  the  adjudication  of  a  charge  of  parking
  violation  shall  be  held  before a hearing examiner in accordance with
  rules and regulations promulgated by the bureau.
    * NB Effective December 1, 2014
    b. No charge may be  established  except  upon  proof  by  substantial
  evidence.
    c. The hearing examiner shall not be bound by the rules of evidence in
  the  conduct  of  the  hearing,  except  rules  relating  to  privileged
  communications.
    d. The hearing examiner shall at the request of the person charged  on
  a  showing  of  good  cause and need therefor, or in his own discretion,
  issue a subpoena to compel the appearance at a hearing  of  the  officer
  who  served  the  notice  of  violation  or  of  other  persons  to give
  testimony, and may issue a subpoena duces tecum to compel the production
  for examination or introduction into evidence, of  any  book,  paper  or
  other thing relevant to the charges.
    e.  In  the  case of a refusal to obey a subpoena, the bureau may make
  application to  the  Supreme  Court  pursuant  to  section  twenty-three
  hundred  eight  of  the  civil  practice  law  and  rules,  for an order
  requiring such appearance, testimony or production of evidence.
    f. The hearing examiner shall not examine the prior  violation  record
  of a person charged before making a determination.

    * g. A record shall be made of a hearing on a plea of not guilty or of
  a  hearing  at which liability in accordance with section eleven hundred
  eleven-a of this chapter or in accordance with  section  eleven  hundred
  eleven-b  of  this chapter as added by section sixteen of the chapter of
  the  laws of two thousand nine which amended this paragraph is contested
  or of a hearing at  which  liability  in  accordance  with  section  two
  thousand  nine  hundred  eighty-five  of  the  public authorities law or
  sections sixteen-a, sixteen-b and sixteen-c  of  chapter  seven  hundred
  seventy-four  of  the  laws  of  nineteen  hundred  fifty  is contested.
  Recording devices may be used for the making of the record.
    * NB Effective until December 1, 2014
    * g. A record shall be made of a hearing on a plea of not guilty or of
  a hearing at which liability in accordance with section  eleven  hundred
  eleven-b  of this chapter, as added by section sixteen of the chapter of
  the laws of two thousand nine which amended  this  paragraph.  Recording
  devices may be used for the making of the record.
    * NB Effective and expires December 1, 2014
    * g.  A  record  shall  be  made of a hearing on a plea of not guilty.
  Recording devices may be used for the making of the record.
    * NB Effective December 1, 2014