2006 New York Code - Hearings.



 
    §  19-206  Hearings.  a.  Notice of hearing. Whenever a person charged
  with a parking violation enters a plea of not guilty, the  bureau  shall
  advise such person personally or by registered or certified mail, return
  receipt  requested, 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  that  failure  to  appear  on  the  date
  designated,  or  on  any subsequent adjourned date, shall be deemed, for
  all purposes, an admission of liability, and that a default judgment may
  be rendered.
    b. Conduct of Hearings. 1. Every hearing for  the  adjudication  of  a
  charge  of  parking  violation  shall  be  held  before a senior hearing
  examiner or a hearing examiner in accordance with rules and  regulations
  promulgated by the bureau.
    2.  No  charge may be established except upon proof by a preponderance
  of the evidence.
    3. The hearing officer shall not be bound by the rules of evidence  in
  the  conduct  of  the  hearing,  except  rules  relating  to  privileged
  communications.
    4. The hearing officer may, in  his  or  her  discretion,  or  at  the
  request of the person charged, 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.
    5.  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 apppearance, testimony or production of evidence.
    6. The hearing officer shall not  examine  the  parking  record  of  a
  person charged prior to making a determination.

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