N.Y. VAT. LAW § 1690 : NY Code - Section 1690: Authority of the Nassau county district court judicial hearing officer
Search N.Y. VAT. LAW § 1690 : NY Code - Section 1690: Authority of the Nassau county district court judicial hearing officer
1. Notwithstanding any other provision of law, where the trial
of a traffic or parking infraction is authorized or required to be tried
before the Nassau county district court, and such traffic and parking
infraction does not constitute a misdemeanor, felony, violation of
subdivision one of section eleven hundred ninety-two, subdivision five
of section eleven hundred ninety-two, section three hundred
ninety-seven-a, or subdivision (g) of section eleven hundred eighty of
this chapter, or a violation of paragraph (b) of subdivision four of
section fourteen-f or clause (b) of subparagraph (iii) of paragraph d of
subdivision two of section one hundred forty of the transportation law,
or any offense that is part of the same criminal transaction, as that
term is defined in subdivision two of section 40.10 of the criminal
procedure law, as such a misdemeanor, felony, violation of subdivision
one of section eleven hundred ninety-two, subdivision two of section
eleven hundred ninety-two, section three hundred ninety-seven-a or
subdivision (g) of section eleven hundred eighty of this chapter, or a
violation of paragraph (b) of subdivision four of section fourteen-f or
clause (b) of subparagraph (iii) of paragraph d of subdivision two of
section one hundred forty of the transportation law, the administrative
judge of the county in which the trial court is located, may assign
judicial hearing officers to conduct such a trial. Such judicial hearing
officers shall be village court justices or retired judges either of
which shall have at least two years of experience conducting trials of
traffic and parking violations cases and shall be admitted to practice
law in this state. Where such assignment is made, the judicial hearing
officer shall entertain the case in the same manner as a court and
shall:
(a) determine all questions of law;
(b) act as the exclusive trier of all issues of fact;
(c) render a verdict;
(d) impose sentence; or
(e) dispose of the case in any manner provided by law.
2. In the discharge of this responsibility, the judicial hearing
officer shall have the same powers as a judge of the court in which the
proceeding is pending. The rules of evidence and reasonable doubt burden
of proof shall be applicable at a trial conducted by a judicial hearing
officer.
3. Any action taken by a judicial hearing officer in the conduct of a
trial or other disposition thereof shall be deemed the action of the
court in which the proceeding is pending.
4. Judicial hearing officers are prohibited from appearing in any
capacity other than as a judicial hearing officer in any part of the
Nassau county district court on any matter relating to traffic or
parking violations and are further prohibited from appearing in any
capacity other than as a judicial hearing officer in any other court or
administrative tribunal on any matter relating to traffic or parking
violations.
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AUTHORITY OF THE NASSAU COUNTY DISTRICT COURT JUDICIAL HEARING OFFICER