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c. An appeal from a final determination of a hearing officer shall be submitted to the appeals board, which shall have power to review the facts and the law, but shall not consider any evidence which was not presented to the hearing officer, and shall have power to reverse or modify any judgment appealed from for error of fact or law.

d. Appeals shall be made without the appearance of the appellant and appellant's attorney unless the presence of either or both are requested by the appellant, appellant's attorney, appellant's parent or guardian if appellant is a minor, or the appeals board. Within twenty days after a request for an appearance, made by or for the appellant, appellant's attorney or the board, the bureau shall advise the appellant, either personally or by registered or certified mail, of the date on which he or she shall appear. The appellant shall be notified in writing of the decision of the appeals board.

e. A party may request and obtain a record of the proceedings resulting in a determination for which an appeal is sought, but the party shall pay to the bureau the cost of providing such record. When a record is timely requested for the purpose of preparing an appeal, the bureau shall not thereafter cause the appeal to be heard or submitted less than ten days after the delivery or mailing of the record to appellant or appellant's attorney.

f. The service of a notice of appeal shall not stay the enforcement of an order appealed from unless the appellant shall have posted a bond in, or shall have paid, the amount of penalties imposed in the order appealed from within the time period established by rule of the bureau for payment of penalties following entry of such an order.

8. No determination of a hearing officer which is appealable under the provisions of this section shall be reviewed in any court unless an appeal has been filed and determined in accordance with this subdivision. When an appeal has been filed, the order of the appeals board shall be the final order of the bureau. Judicial review may be sought pursuant to article seventy-eight of the civil practice law and rules.

9. Enforcement of judgments. a. The bureau shall have the power to enforce its final decisions and orders imposing civil penalties for violations of laws, rules and regulations enforced by it as if they were money judgments, without court proceedings, in the manner described herein.

b. Any final order of the bureau imposing a civil penalty, whether the adjudication was had by hearing or upon default or otherwise, shall constitute a judgment rendered by the bureau which may be entered in the civil court of the city of New York or any other place provided for the entry of civil judgments within the state, and, provided that no proceeding for judicial review shall then be pending,

may be enforced without court proceedings in the same manner as the enforcement of money judgments entered in civil actions. A final order against any person or persons shall be a bar to the criminal prosecution of, and in the case of a minor, juvenile offender proceedings against, said person or persons for conduct upon which the order was based.

C. Notwithstanding the foregoing provisions: (1) Before a judgment based upon a default may be so entered the bureau must have attempted to notify the respondent by first class mail, in such form as the bureau may direct: (i) of the default decision and order and the penalty imposed; (ii) that a judgment will be entered in the civil court of the city of New York or any other place provided for the entry of civil judgments within the state; and (iii) the entry of such judgments may be avoided by requesting a stay of default for good cause shown and either requesting a hearing or entering a plea pursuant to the rules of the bureau within thirty days of the mailing of such notice.

(2) Upon receipt by the bureau of a copy of an order to show cause in lieu of a notice of petition, or of a notice of petition, served upon it in a proceeding for judicial review of any final order of the bureau which constitutes a judgment which may be entered in the civil court of the city of New York or any other place provided for the entry of civil judgments within the state, the bureau shall forthwith serve by firstclass mail the attorney for the petitioner in such proceeding, or if the petitioner has initiated the proceeding pro se, the petitioner, with a notice stating whether or not a judgment was entered in any such court or other place provided for the entry of civil judgments within the state prior to the pendency of such proceeding for judicial review. If a judgment was so entered, such notice from the bureau also shall contain: (i) the name and address of the court or other place in which the judgment was entered, and (ii) identification of the judgment book, index

number, docket
of the foregoing, sufficient for the petitioner's attorney

number, date of entry, other information or combination
in such

proceeding

ment according
place in which
from the bureau shall be filed by the bureau with the court in which the

or for the petitioner pro se, to locate such entry of judg-
to the indexing system utilized by the court or other
the judgment was entered. Proof of service of such notice

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section sha1 1 Funds

judicial review is pending at the same time as the filing of the bureau's first legal papers in such such proceeding. which the proceeding for judicial review is pending shall filing the bureau's first legal papers in such proceeding gal papers are accompanied by such proof of service. A11 penalties collected pursuant to the provisions of this be paid to the authority to the credit of a transit crime authority shall establish. Any sums in this fund shall be programs selected by the board of the authority, in its reduce the incidence of crimes and infractions on transit crimes to improve the enforcement of laws against such

fund which the. used to pay for

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for any purposes 18. This

funds provided by the state or the city of New York

sections three into law by

act shall take effect immediately; provided, however, that and four of this act shall take effect upon the enactment the state of New Jersey of legislation having an identical enacted such legislation, sections three and four of this effect immediately; and provided further that nothing shall be deemed to affect the application, qualificaor repeal of any other provision of law amended by any act and such provision shall be applied or qualified or be deemed repealed in the same manner, to the same exthe same date as the case may be as otherwise provided by

effect with section three of this act, but if the state of New Jersey

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the general municipal law, in relation to awarding cer-
for removal and disposition of sewage sludge and
the repeal of such provisions upon expiration thereof

w July 17, 1992, with the approval of the Governor.
by a majority vote, three-fifths being present.

the State of New York, represented in Senate and Assem-
follows:

a

he general municipal law is amended by adding a new sec-
d as follows:
cts for the removal and disposition of sewage sludge. 1.
ving a population of more than one million persons,
a town with a population of more than seven hundred
where the governing body intends to provide for the
position of sewage sludge pursuant to the terms and con-
eral consent decree relating to a long term alternative
ng, such county may, by resolution approved by a two-
s board of supervisors at a public meeting, declare
bidding is impractical or inappropriate with respect to
disposition of sewage sludge and may proceed to award
he removal and disposition of sewage sludge without com-
requirements of competitive bidding but rather utilizing
competitive requests for proposals as hereinafter set
purposes of this section, a process for competitive
posals shall mean a method of soliciting proposals and
ter in italics is new; matter in brackets [ ] is old law

awarding a contract on the basis of a formal evaluation of the characteristics, such as quality, cost, delivery schedule and financing of such proposals against stated selection criteria. Public notice of the requests for proposals shall be given in the same manner as public notice of competitive bidding. In the event the county makes a material change in the selection criteria from those previously stated in the notice, it will inform all proposers of such change and permit proposers to modify their proposals.

3. The county may award a contract pursuant to this section only upon the approval of the county executive and pursuant to a resolution арproved by a two-thirds vote of the board of supervisors of such county at a public meeting with such resolution: (a) disclosing the other proposers and the substance of their proposals; (b) summarizing the negotiation process including the opportunities, if any, available to proposers to present and modify their proposals; and (c) setting forth the criteria upon which the selection was made.

4. Nothing in this subdivision shall require or preclude negotiations with any proposers following the receipt of responses to the request for proposals, or the rejection of any and all proposals at any time. Upon the rejection of all proposals, the county may solicit new proposals or bids in any manner prescribed in this section.

§ 2. This act shall take effect immediately and shall expire and be deemed repealed one year after such date.

CHAPTER 381

AN ACT to amend the civil practice law and rules, in relation to the certification of business records

Became a law July 17, 1992, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision (c) of rule 4518 of the civil practice law and rules, as amended by chapter 792 of the laws of 1984, is amended to read as follows:

by

(c) Other records. All records, writings and other things referred to in sections 2306[,] and 2307 and any record and report relating to the administering and analysis of a blood genetic marker test administered pursuant to sections four hundred eighteen and five hundred thirty-two of the family court act are admissible in evidence under this rule and are prima facie evidence of the facts contained, provided they bear a certification or authentication by the head of the hospital, laboratory, department or bureau of a municipal corporation or of the state, or an employee delegated for that purpose or by a qualified physician. Where a hospital record is in the custody of a warehouse, or "warehouseman" as that term is defined by paragraph (h) of subdivision one of section 7-102 of the uniform commercial code, pursuant to a plan approved in writing by the state commissioner of health, admissibility under this subdivision may be established by a certification made by the manager of the warehouse that sets forth (i) the authority by which the record is held, including but not limited to a court order, order of the commissioner, or order or resolution of the governing body or official of the hospital, and (ii) that the record has been in the exclusive custody of such warehouse or warehousemen since its receipt from the hospital or, if another has had access to it, the name and address of such person and the date on which and the circumstances under which such access was had. Any warehouseman providing a certification as required by this subdivision shall have no liability for acts or omissions relating thereto, except for intentional misconduct, and the warehouseman is authorized to assess and collect a reasonable charge for providing the certification described by this subdivision.

2. This act shall take effect immediately.

CHAPTER 382

AN ACT authorizing the filling of a vacancy in the office of mayor of the city of Glen Cove

Became a law July 17, 1992, with the approval of the Governor. Passed on Home Rule request pursuant to Article IX, section 2(b) (2) of the Constitution by a majority vote, three-fifths being present.

The

bly, do enact as follows: People of the State of New York, represented in Senate and Assem

Section

to

1. Notwithstanding the provisions of section 3 of the general city law, or any general, special or local law, rule or regulation the contrary, a person, otherwise qualified, who is a member of the city Council of the city of Glen Cove at the time a vacancy in the office of mayor of such city occurs, may be appointed by the city council to fill Such mayoral vacancy provided that he or she shall have resigned from the city council prior to such appointment.

$ 2.

This act shall take effect immediately.

CHAPTER 383

AN ACT to amend the public health law, in relation to maintaining sexual

offense evidence collection kits

Became a law July 17, 1992, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assem

bly, do enact as follows:

Section

1.

as added by chapter 821 of the laws of 1984,

Subdivision 1 of section 2805-i of the public health law, is amended to read as hospital providing treatment to alleged victims of a sexual

follows:

offense shall be responsible for maintaining sexual offense evidence and

1.

the

chain

of custody as hereinafter provided. Upon admittance or comof treatment of the alleged sexual offense victim, the sexual evidence shall be collected and kept in a locked separate and for not less than [ninety-six hours] one month unless: (a) evidence is not privileged and the police request its surrender

mencement

offense

secure area

such

before

that time, which request shall be complied with; or (b) such evi

less gives

priv

dence is privileged and (i) the alleged sexual offense victim neverthePolice before that time, or (ii) the alleged sexual offense victim signs a statement directing the hospital to not collect and keep such fense evidence shall include, but not be limited to, refrigerated and the clothes and swabs must be dried, stored

permission to turn such privileged evidence over to the

Swabs,

tags

evidence, which direction shall be complied with. The sexual ofslides, cotton

clothing and other items. Where appropriate such items must be in paper

and labeled. Each item of evidence shall be marked and logged with code number corresponding to the patient's medical record. The alleged victim shall be notified that after [ninety-six hours] discarded in compliance the alleged sexual offense offense victim

sexual offense

one month, the refrigerated evidence will be

state and local health codes and victim's clothes will be returned to the alleged sexual

with

This act shall take effect immediately.

pon request.

EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

§ 2.

CHAPTER 384

AN ACT to legalize, validate and confirm the acts and proceedings of the board of trustees of the village of Bath, Steuben county, in relation to a local law providing that the village shall cease to be an assessing unit

Became a law July 17, 1992, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

an

Section 1. Notwithstanding any general, special or local law to the contrary, the acts and proceedings had and taken by the board of trustees of the village of Bath in the county of Steuben in enacting local law no. 5 of the year 1991 terminating the village's status as assessing unit pursuant to subdivision 3 of section 1402 of the real property tax law effective December 31, 1991, are hereby legalized, validated, ratified and confirmed, without regard to the date of filing of such local law with the secretary of state. § 2. This act shall take effect immediately.

CHAPTER 385

AN ACT in relation to surplusing firefighting equipment in the possession of the office of mental health to local fire departments and fire

districts

Became a law July 17, 1992, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Notwithstanding the provisions of section 178 of the state finance law, the commissioner of mental health shall be authorized to directly transfer or dispose of personal property in the nature of firefighting and related equipment in the possession of state psychiatric hospitals to local fire districts or local or municipal fire departments which provide firefighting services to such psychiatric hospitals. Such transfer or disposition shall be made without advertisement, solicitation or bid, and shall be made on terms established by the commissioner of mental health. § 2. This act shall take effect immediately.

CHAPTER 386

AN ACT authorizing the city of New York to reconvey its interest in certain real property acquired by in rem tax foreclosure in the borough of Queens to former owner Armando A. Acosta, notwithstanding expiration of the two year period within which application may be made to the city to release its interest in property thus acquired; Block No. 4104, Lot No. 32 on tax map for the borough of Queens

Became a law July 17, 1992, with the approval of the Governor. Passed on Home Rule request pursuant to Article IX, section 2(b) (2) of the Constitution by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Findings. On December 19, 1979, through Queens in rem tax foreclosure action #37, the city of New York acquired title to premises designated as lot #32 in tax block 4104, in the borough of Queens, based

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