eleven-a of this chapter is contested or of a hearing at which liability public authorities law or sections sixteen-a, sixteen-b and sixteen-c of in accordance with section two thousand nine hundred eighty-five of the chapter seven hundred seventy-four of the laws of nineteen hundred fifty is contested. Recording record. law as 1. mines 14. devices may be used for the making of the Subdivisions 1 and 2 of section 241 of the vehicle and traffic follows: as amended by chapter 746 of the laws of 1988, are amended to read The either sustaining or dismissing them. hearing examiner shall make a determination on the charges, Where the hearing examiner deterthe charges have been sustained he may examine either the violations record or the record of liabilities incurred in With section eleven hundred eleven-a of this chapter or the eighty-five of the public authorities law or sections Sixteen-band sixteen-c of chapter seven hundred seventy-four of nineteen hundred fifty of the person charged, as applicarendering a final determination. Final determinations dismissing charges shall be entered on a final determina that prior parking accordance nine sixteen-ɑ, of the laws ble prior to sustaining hundred tion roll maintained by the bureau together with records showing payment of penalties. and nonpayment 2. Where with section an allegation hundred eigh sixteen-b and laws of nine ing date or S1 with the de E ticle or by sion of liabi 1 contest, appe default judga scribed for the bureau. HO dered, in such sions as of law bility in acc the co ter alleged oz hundred eight Sixteen-b and jaws of nir in judgment, (3) the city civil jurisdi judgments wi avoided by ent accordance W testing an al thousand nine tions sixteen Seventy-four making an appe Pleas entered the manner pre required prior Owne an operator or owner fails to enter a plea to a charge of a in accordance eleven hundred eleven-a of this chapter or fails to contest of liability in accordance with section two thousand nine -five of the public authorities law or sections sixteen-a, Sixteen-c of chapter seven hundred seventy-four of the en hundred fifty, or fails to appear on a designated hearOsequent adjourned date or fails after a hearing to comply mination of a hearing examiner, as prescribed by this arle or regulation of the bureau, such failure to plead or ar or comply shall be deemed, for all purposes, an admisity and shall be grounds for rendering and entering a ent in an amount provided by the rules and regulations of wever, after the expiration of the original date preentering a plea and before a default judgment may be rencase the bureau shall pursuant to the applicable provinotify such operator or owner, by such form of first class mission may direct; (1) of the violation charged, or liaordance with section eleven hundred eleven-a of this chapliability in accordance with section two thousand nine -five of the public authorities law or sections sixteen-a, sixteen-c of chapter seven hundred seventy-four of the een hundred fifty alleged, (2) of the impending default Chat such judgment will be entered in the Civil Čourt of which the bureau has been established, or other court of tion or any other place provided for the entry of civil in the state of New York, and (4) that a default may be ering a plea or contesting an allegation of liability in ch section eleven hundred eleven-a of this chapter or congation of liability in accordance with section two hundred eighty-five of the public authorities law or sec case shall ad of impending d Piration of the allegation. Wh shall be impos If the hearin Sustaining then upon which the EXPLANATION-M sixteen-b and sixteen-c of chapter seven hundred f the laws of nineteen hundred fifty, as appropriate, or rance within thirty days of the sending of such notice. and allegations contested within that period shall be in cribed in the notice and not subject to additional Such notice of impending default judgment shall not be to the rendering and entry thereof in the case of operas who are non-residents of the state of New York. In no fault judgment be rendered or, where required, a notice fault judgment be sent, more than two years after the extime prescribed for entering a plea or contesting an person has demanded a hearing, no fine or penalty d for any reason, prior to the holding of the hearing. examiner shall a determination on the charges, he shall impose no greater penalty or fine than those person was originally charged. tter in italics is new; matter in brackets [ ] is old law Chap. § 15. Section 510 of the vehicle and traffic law is amended by a a new subdivision 4-d to read as follows: Eding Vties an 4-d. Suspension of registration for failure to answer or pay pena with respect to certain violations. Upon the receipt of a notification from a court or an administrative tribunal that an owner of a motor vehicle failed to appear on the return date or dates or a new subsequent adjourned date or dates or failed to pay any penalty imposed by a court or failed to comply with the rules and regulations of an administrative tribunal following entry of a final decision or decisions, in response to five or more notices of liability or other process, issued within eighteen month period charging such owner with a violation of toll collection regulations 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 commissioner or his agent shall suspend the registration of the vehicle or vehicles involved in the violation or the privilege of operation of any motor vehicle owned by the registrant. Such suspension shall take effect no less than thirty days from the date on which notice thereof is sent by the commissioner to the person whose registration or privilege is suspended and shall remain in effect until such registrant has appeared in response to such notices of liability or has paid such penalty or in the case of an administrative tribunal, the registrant has complied with the rules and regulations following the entry of a final decision or decisions. § 16. Paragraph (c) of subdivision 1 of section 1809 of the vehicle and traffic law, as amended by chapter 55 of the laws of 1992, is amended to read as follows: (c) Whenever proceedings in an administrative tribunal or a court of this state result in a conviction for an offense under this chapter other than a crime pursuant to section eleven hundred ninety-two of this chapter, or a traffic infraction under this chapter, or a local law, ordinance, rule or regulation adopted pursuant to this chapter, other than a traffic infraction involving standing, stopping, or parking or violations by pedestrians or bicyclists, or other than an adjudication of liability of an owner for a violation of subdivision (d) of section eleven hundred eleven of this chapter in accordance with section eleven hundred eleven-a of this chapter or other than an infraction pursuant to article nine of this chapter or other than an adjudication of liability of an owner for a violation of toll collection regulations pursuant to 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, there shall be levied a mandatory surcharge, in addition to any sentence required or permitted by law, in the amount of twenty-five dollars. § 17. Section 1209-a of the public authorities law, as amended by chapter 319 of the laws of 1988, is amended to read as follows: §1209-a. Transit adjudication bureau. 1. Establishment. There is hereby created in the authority a transit adjudication bureau. The head of such bureau shall be the executive director, who shall be appointed by the president of the authority. The executive director may delegate the powers and duties conferred upon the executive director by this section to such qualified officers and employees of the bureau as he may designate. 2. Hearing officers. The president of the authority shall appoint hearing officers who shall preside at hearings for the adjudication of charges of transit infractions, as hereinafter defined and the adjudication of allegations of liability for violations of the rules and regulations of the triborough bridge and tunnel authority in accordance with section two thousand nine hundred eighty-five of this chapter, and who, as provided below, may be designated to serve on the appeals board of the bureau. Every hearing officer shall have been admitted to the practice of law in this state for a period of at least three years, and shall be compensated for his services on a per diem basis determined by the bureau. 3. Jurisdiction. The bureau shall have, with respect to acts or incidents in or on the transit facilities of the authority committed by or involving persons who are sixteen years of age or over, and with respect to violation of toll collection regulations of the triborough bridge and tunnel authority as described in section two thousand nine hundred eighty-five of this chapter, non-exclusive jurisdiction over violations of: (a) the rules which may from time to time be established by the hundred four of chapter: (b) article one hundred thirty-nine of the health code of City of New York, as it may be amended from time to time, relating public transportation facilities; and (c) article four of the noise as it pertains to sound reproduction devices; and (d) the authority under subdivision five-a of section twelve this the to control code of the city of New York, as it may be amended from time time, ins of ar to rules and regulations which may from time to time be established by the triborough bridge and tunnel authority in accordance with the provisions of section rules and regulations of the triborough bridge shall court two thousand nine hundred eighty-five of this chapter. Matthe jurisdiction of the bureau except violations of the and tunnel authority Nothing herein be known for purposes of this section as transit infractions. now having relating to shall be construed to divest jurisdiction from any pair the jurisdiction over any criminal charge or traffic infraction any act committed in a transit or toll facility, or to imperson ability of a police officer to conduct a lawful search of a shall transit facility. The criminal court of the city of New York e to have jurisdiction over any criminal charge or traffic the in a Contin or triborough bridge and tunnel authority, as well as jurisdiction relating infraction brought for violation of the rules of the authority to any act the W board and the h state thereof and bureau shall aforesaid General the the city of N a. hich may constitute a crime or an offense under any law of F ers and duties То ассерt= and determine b. liability puz I this chapter fifty dollars Το imp cordance with that penalties shall be in tions by the E violations dance with the civil Penalt z triborough brz penalties est hundred eighty c. In its so tion of penalt agrees tarily services on tr limita without d. To adopt with any appli section, incl the internal pr time of enterin ner of payment To enter manne e. the same as provided be 1 f. To comp i all charges and disclosure und law enforcemen 8. To appl any decision a hearing this section; h. To ente vate organizat EXPLANATION-M e civil penalties not to exceed a total of one hundred or any transit infraction within its jurisdiction, in aca penalty schedule established by the authority except for violations of the health code of the city of New York accordance with the penalties established for such violaard of health of the city of New York, and penalties for the noise code of the city of New York shall be in accorpenalties established for such violations by law, and S for violations of the rules and regulations of the ge and tunnel authority shall be in accordance with the blished for such violations by section two thousand nine five of this chapter; as, e discretion, to suspend or forgive penalties or any por- amend and rescind rules and regulations not inconsistent able provision of law to carry out the purposes of this ding but not limited to rules and regulations prescribing ocedures and organization of the bureau, the manner and pleas, the conduct of hearings, and the amount and manof penalties; in judgments and enforce them, without court proceedings, le and maintain complete and accurate records relating to to a court of competent jurisdiction for enforcement of order issued by such bureau or of any subpoena issued by icer as provided in paragraph d of subdivision seven of into contracts with other government agencies, with prions, or with individuals to undertake on its behalf such tter in italics is new; matter in brackets [ ] is old law functions as data processing, debt collections, mailing, and general administration, as the executive director deems appropriate, except that the conduct by hearing officers of hearings and of appeals may not be performed by outside contractors; [and] i. Το accept payment of penalties and to remit same to the authority[.];_and j. To adjudicate the liability of motor vehicle owners for violations of rules and regulations established in accordance with the provisions of section two thousand nine hundred eighty-five of this chapter. 5. Notices of violation. The bureau shall prepare and distribute notices of violation in blank to the transit police and any other person empowered by law, rule and regulation to serve such notices. The form and wording of the notice of violation shall be prescribed by the executive director, and it may be the same as any other notice of violation or summons form already in use if said form meets the requirements hereof. The notice of violation may include provisions to record information which will facilitate the identification and location of respondents, including but not limited to name, address, telephone numbers, date of birth, social security number if otherwise permitted by law, place of employment or school, and name and address of parents or guardian if a minor. Notices of violation shall be issued only to persons who are sixteen years of age or over, and shall be served by delivering the notice within the state to the person to be served. A copy of each notice of violation served hereunder shall be filed and retained by said bureau, and shall be deemed a record kept in the ordinary course of business, and, if sworn to or affirmed, shall be prima facie evidence of the facts contained therein. Said notice of violation shall contain information advising the person charged of the manner and the time within which such person may either admit or deny the offense charged in the notice. Such notice of violation shall also contain a warning to advise the person charged that failure to plead in the manner and within the time stated in the notice may result in a default decision and order being entered against such person, and the imposition of supplemental penalties as provided in subdivision five-a of section twelve hundred four of this chapter. A notice of violation shall not be deemed to be a notice of liability issued pursuant to section two thousand nine hundred eighty-five of this chapter. 6. Defaults. Where a respondent has failed to plead to a notice of violation or to a notice of liability issued pursuant to section two thousand nine hundred eighty-five of this chapter within the time allowed by the rules of said bureau or has failed to appear on a designated hearing date or a subsequent date following an adjournment, such failure to plead or appear shall be deemed, for all purposes, to be an admission of liability and shall be grounds for rendering a default decision and order imposing a penalty in such amount as prescribed by the authority. may be or 7. Hearings. a. (1) A person charged with a transit infraction returnable to the bureau or a person alleged to be liable in accordance with the provisions of section two thousand nine hundred eighty-five of this chapter who contests such allegation shall be advised of the date on by which he or she must appear to answer the charge at a hearing. Notification of such hearing date shall be given either in the notice of violation or in a form, the content of which shall be prescribed by the executive director or in a manner prescribed in section two thousand nine hundred eighty-five of this chapter. Any such notification shall contain a warning to advise the person charged that failure to appear on or by the date designated, or any subsequent rescheduled or adjourned date, shall be deemed for all purposes, an admission of liability, and that a default judgment may be rendered and penalties may be imposed. Where notification is given in a manner other than in the notice of violation, the bureau shall deliver such notice to the person charged, either personally or by registered or certified mail. (2) Whenever a person charged with a transit infraction or alleged to be liable in accordance with the provisions of section two thousand nine hundred eighty-five of this chapter returnable to the bureau requests an alternate hearing date and is not then in default as defined in subdivision six of this section, the bureau shall advise such person personally, or by registered or certified mail, of the alternate hearing date on or by which he or she must appear to answer the charge or allegation at a hearing. The form and content of such notice of hearing shall be prescribed by the executive director, and shall contain a warning to advise the person charged or alleged to be liable that failure to an ad by the alternate designated hearing date, or any subsequent or adjourned date, shall be deemed for all purposes 1 iability, and that a default judgment may be rendered and be imposed. Whenever a person charged with a transit infraction or alleged to accordance with the provisions of section two thousand nine appear on or rescheduled mission of penalties may (3) hundred eighty-five of this chapter returnable to the bureau appears at be liable in a hearing and rules obtains an adjournment of the hearing pursuant to the bureau, the bureau shall advise such person personally, or or certified mail, of the adjourned date on which he or appear to answer the charge or allegation at a continued continued hearing of the notice of a by registered she must ing to advise appear on th admission of penalties may the person charged or alleged to be liable that failure to adjourned hearing date shall be deemed for all purposes an 1iability, and that a default judgment may be rendered and tion or an ailegation of liability under section two thousand nine hunon Everying for the adjudication of a charge of a transit infraceighty-ve of this chapter hereunder shall be held before a hearaccordance with the rules and regulations promulgated by dred ing the c. the officer bureau. i The hearing ng officer shall not be bound by the rules of evidence in of the hearing, except rules relating to privileged axing ing officer may, in his or her discretion, or at the person charged or alleged to be liable on a showing of d need therefor, issue subpoenas to compel the appearance Co give testimony, and issue subpoenas duces tecum to comction for examination or introduction into evidence of any other thing relevant to the charges. communications cause of any person pel a book, paper of the produ e. In the application EC dred eight such appearan f. The bu x record of eve I After du officer shall established. convincing ev of triboroug established i nine hundred been establish be entered. has been estab has been recei with the pena tions of two thousand Ci order shall shall be given order shall and for purpos mediate deter proceeding. Wh of the bureau. 8. Administ boards within officers, as director shall so appointed. case of a refusal to obey a subpoena, the bureau may make the supreme court pursuant to section twenty-three hunthe civil practice law and rules, for an order requiring testimony or production of materials. au hearing. shall make and maintain a sound recording or other consideration of the evidence and arguments, the hearing letermine whether the charges or allegations have been charge may be established except upon proof by clear and ence except allegations of civil liability for violations bridge and tunnel authority rules and regulations will be accordance with the provisions of section two thousand eighty-five of this chapter. Where the charges have not d, an order dismissing the charges or allegations shall here a determination is made that a charge or allegation ished or if an answer admitting the charge or allegation ed, the hearing officer shall set a penalty in accordance y schedule established by the authority, or for allegaliability in accordance with the provisions of section ne hundred eighty-five of this chapter and an appropriate e entered in the records of the bureau. The respondent notice of such entry in person or by certified mail. This onstitute the final determination of the hearing officer, s of review it shall be deemed to incorporate any interinations made by said officer in the course of the n no appeal is filed this order shall be the final order 1 ative and judicial review. a. There shall be appeals tter in italics is new; matter in brackets [ ] is old law |