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this chapter is contested or of a hearing at which liability

in accordance with section two thousand nine hundred eighty-five of the

eleven-a of

chapter seven
contested.

is

record.

as

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1.

hundred seventy-four of the laws of nineteen hundred fifty Recording devices may be used for the making of the

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Subdivisions 1 and 2 of section 241 of the vehicle and traffic

as amended by chapter 746 of the laws of 1988, are amended to

14.

either mines

lows

hearing examiner shall make a determination on the charges,

Thest hining or dismissing them. Where the hearing examiner deter

that

the 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 iabilities incurred in accordance with section two thousand eighty-five of the public authorities law or sections

prior parking
accordance
record of 1

Sixteenundrex tehty and sixteen-c of chapter seven hundred seventy-four

nine

of the laws ble prior to sustaining

of nineteen hundred fifty of the person_charged, as applicarendering a final determination. Final determinations dismissing charges shall be entered on a final determina

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tionisme bureau together with records showing payment and nonpayment of penalties.

2.

Where with section an allegation hundred sixteen-bare d

1

an operator or owner fails to enter a plea to a charge of a in accordance

ighty

leven 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, seventy-four of

aws of Sixteen-e of chapter seven hundred on a designated hear the desequent hearing examiner, as prescribed by this ar Sbsequent adjourned date or fails after a hearing to comply

ing date or with

ticle ordet minstiegulation of the bureau, such failurest

contest,

sion of land agrounds for rendering

plead or or comply shall be deemed, for all purposes, an admis

appear

judgm

default the bureau. scribed

for

Ent

However,

dered, in such sions

of law

mail as the CO

bility

ter alleged Or hundred eight

in ac C

sixteen-b and

laws

of

nire

judgment, (3) the

city

in

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civil jurisdic judgments avoided by en accordance testing an al Z thousand

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tions sixteennine

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seventy-four making an appe Pleas the manner pre penalty or fe required prior tors case shall ad of impending de piration of the allegation. W shall be impos If the heari sustaining the upon which the

EXPLANATION-M

two

a

in an amount provided by the rules and regulations of 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 proviMotify 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 thousand nine five of the public authorities law or sections sixteen-a, sixteen-c of chapter seven hundred seventy-four of the hundred fifty alleged, (2) of the impending default chat such judgment will be entered in the Civil Court of which the bureau has been established, or other court of ion 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 th 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

een

In no

sixteen-b and sixteen-c of chapter seven hundred of 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 operathe endringedent the state of New York. 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 en a person has demanded a hearing, no fine or penalty d for any reason, prior to the holding of the hearing. a determination on the charges,

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examiner shall make

he shall impose no greater penalty or fine than those person was originally charged.

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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:

from

a

ding

an

4-d. Suspension of registration for failure to answer or pay penas Nries with respect to certain violations. Upon the receipt of a notification 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 to such notices of liability or has paid such uch penalty or in the case of an administrative tribunal, the registrant has complied with the

registr

rules and regulations following the entry of decisions.

a

final decision or

§ 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 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.

two

§ 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, cions, 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

authority under subdivision fihundred thirty

this

twelve hundred four of (b) article one hundred thirty-nine of the health code of New York, as it may be amended from time to time, relating transportation facilities; and (c) article four of the noise of the city of New York, as it may be amended from time

chapter:

the cityof
public

to

control code
time,

to

rules insofarichay from time to time be established by the boro regulations which authority in accordance with the provisions

as it pertains to sound reproduction devices; and (d) the

01

of section two

thousand nine hundred eighty-five of this chapter. the jurisdiction of the bureau except violations of the triborough bridge and tunnel authority known for purposes of this section as transit infractions. shall be construed to divest jurisdiction from any court

Within

and regulations of the

ters ruies shall Nothing

now

be
here in
any act committed in a transit or toll facility, or

any criminal charge or traffic infraction

having

jurisdiction over

Palating to any of

pair the person in a shall

to

ima police officer to conduct a lawful search of a

the

transit facility. The criminal court of the city of New York charge o

of

Continue to have jurisdiction over any criminal charge or traffic borou brought for violation of the rules aurisdiction relating act which may constitute a crime or an offense under any law of

infraction

to

any

the state

thereof an of Neway also constitute a violation of suche rules. York

any municipality or political subdivision

bureau shall board and the the

The have concurrent jurisdiction with the environmental control dministrative tribunal of the department of health over provisions of the health code and noise control code of

aforesaid

the city ofet York.

4

a.

General

Pwers. The bureau shall have the following functions, powpleas (whether made in person or by mail) to, and to hear charges of transit infractions and allegations of civil uant to section two thousand nine hundred eighty-five of thin its jurisdiction;

ers and duties = To accept liability piz S

and determine >

this chapter b. fifty dollars To imp cordance that penaltie S shall be in

wit

tions by the b violations

est

dance with the of civil penalt 1 triborough bri penalties hundred eighty In its so tion of penalt tarily agrees services without limita

c.

on tr

d. To adopt with any appli section, the internal p☑ incl time of enteri

ner of payment e. To enter the same manner as provided be 1

compi

f. To all charges and disclosure

law

8.

Pu

enforcement appl

To

any decision or a he

hearing

this section; To

h.

enter

vate organizat

EXPLANATIONM

e

a

civil penalties not to exceed a total of one hundred or any transit infraction within its jurisdiction, in acpenalty 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

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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;

e discretion, to suspend or forgive penalties or any pores imposed on the condition that the respondent voluno perform and actually does satisfactorily perform unpaid msit facilities as assigned by the authority, such as, Lion, cleaning of rolling stock;

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 3 pleas, the conduct of hearings, and the amount and manof penalties;

judgments and enforce them, without court proceedings, in as the enforcement of money judgments in civil actions,

ow;

le and maintain complete and accurate records relating to dispositions, which records shall be deemed exempt from er the freedom of information law as records compiled for purposes;

to a court of competent jurisdiction for enforcement of order issued by such bureau or of any subpoena issued by Licer 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. To 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.

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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. 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 notice of liability issued pursuant to section two thousand nine hundred eighty-five of this chapter.

a

a

two

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6. Defaults. Where a respondent has failed to plead to a notice of violation or to a notice of liability issued pursuant to section thousand nine hundred eighty-five of this chapter within the time allowed by the rules of said bureau or has failed to appear on nated hearing date or a subsequent date following an adjournment, such failure to plead or appear shall be deemed, for all purposes, to be admission of liability and shall be grounds for rendering a default decision and order imposing prescribed by the authority.

a

an

penalty in such amount as may be

two

7. Hearings. a. (1) A ) 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 or 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 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 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.

that

a

an

(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 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

appear on

or

rescheduled mission of

by the alternate designated hearing date, or any subsequent or adjourned date, shall be deemed for all purposes an ad1 iability, and that a default judgment may be rendered and

Penalties may be imposed charged with

a transit infraction or alleged to accordance with the provisions of section two thousand nine

be

(3)

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hundred

a

hearing and

Obtains an adjournment of the hearing pursuant

person personally,

at the

or

the bureau, bureau shall advise such or certified mail, of the adjourned date on which he or appear to answer the charge or allegation at a continued form and content of such notice of a

of the registered

rules by she

continued hearing

hearing. The must
shall be prescribed by the executive director, and shall contain a warn-

the person charged or alleged to be liable that failure to adjourned hearing date shall be deemed for all purposes an 1 iability, and that a default judgment may be rendered and hearing for the adjudication of a charge of a transit infrachunaccordance with the rules and regulations promulgated by

be imposed.

ing appear on the to advis e admission of penalties may Every he or being ion of liability under section two thousand nine redhat on this chapter hereunder shall be held before hear

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The hearing officer shall not be bound by the rules of evidence in

Of the hearing, except rules relating to privileged

hearing officer

communications conduct request of the The good

cause

of any perso

pel
book, paper O
In the

the prod

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application to

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such appearan eight

f. record of ever The bu

After d

officer shall established. N

convincing evi

of

triborough

established in

nine

been establish
hundred
be entered.

has been estab
has been recei
with the penal
tions
two thousand
of ci
order shall
shall be giver
order shall

and for purpos mediate deter proceeding. Wh of the bureau. 8. boards within officers, director shall so appointed. ☑ an appeal from b. A party a

Administ I

as

obtain
of the bureau
appeal setting
versed
or mod

a revie

EXPLANATION-M

may, in his or her discretion, or at the person charged charged or alleged to be liable on a showing of d need therefor, issue subpoenas to compel the appearance tion for examination or introduction into evidence of any _o give testimony, and issue subpoenas duces tecum to com

other thing relevant to the charges.

hun

case of a refusal to obey a subpoena, the bureau may make
the supreme court pursuant to section twenty-three
the civil practice law and rules, for an order requiring
testimony or production of materials.

,

au

shall make and maintain a sound recording or other

hearing.

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 lence 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 determination is made that There 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 allega1 liability in accordance with the provisions of section ne hundred eighty-five of this chapter and an appropriate

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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

ative and judicial review. a. There shall be appeals The bureau which shall consist of three or more hearing the executive director shall determine. The executive select a chairman for each appeals board from the members o hearing officer may sit on an appeals board considering

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determination made by said hearing

grieved by a final determination of a hearing officer may thereof by serving upon the bureau, within thirty days service of its notice of entry of such order a notice of forth the reasons why the determination should be reied. There shall be no interlocutory appeals.

tter in italics is new; matter in brackets ( ) is old law

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