2006 New York Code - Hearings, Notice And Conduct.

 
    § 240. Hearings,  notice and conduct. * 1. Notice of hearing. Whenever
  a person charged with a parking violation enters a plea of not guilty or
  a person alleged to be liable in accordance with section eleven  hundred
  eleven-a  of  this chapter for a violation of subdivision (d) of section
  eleven hundred eleven of this chapter contests  such  allegation,  or  a
  person alleged to be liable 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 bureau shall
  advise such person personally by such form of first class  mail  as  the
  director  may  direct  of the date on which he 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 or contesting that failure  to  appear  on
  the  date  designated,  or  on  any  subsequent adjourned date, shall be
  deemed an admission of liability, and that a  default  judgment  may  be
  entered thereon.
    * NB Effective until December 1, 2009
    * 1.  Notice  of  hearing.  Whenever  a  person charged with a parking
  violation enters a plea of not guilty,  the  bureau  shall  advise  such
  person  personally  by such form of first class mail as the director may
  direct of the date on which he 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  an  admission   of
  liability, and that a default judgment may be entered thereon.
    * NB Effective December 1, 2009
    * 1-a.  Fines  and  penalties.  Whenever a plea of not guilty has been
  entered, or the bureau has been notified that an allegation of liability
  in accordance with section eleven hundred eleven-a of this chapter or an
  allegation of liability in accordance with  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, is being contested, by  a  person  in  a
  timely  fashion and a hearing upon the merits has been demanded, but has
  not yet been held, the bureau shall not issue  any  notice  of  fine  or
  penalty to that person prior to the date of the hearing.
    * NB Effective until December 1, 2009
    * 1-a.  Fines  and  penalties.  Whenever a plea of not guilty has been
  entered by a person in a timely fashion and a hearing  upon  the  merits
  has been demanded, but has not yet been held, the bureau shall not issue
  any  notice  of  fine or penalty to that person prior to the date of the
  hearing.
    * NB Effective December 1, 2009
    2. Conduct of hearings.
    * a. Every hearing  for  the  adjudication  of  a  charge  of  parking
  violation  or  an  allegation  of  liability  in accordance with section
  eleven hundred eleven-a of this chapter or an allegation of liability in
  accordance with 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
  shall  be  held  before  a hearing examiner in accordance with rules and
  regulations promulgated by the bureau.
    * NB Effective until December 1, 2009
    * a. Every hearing  for  the  adjudication  of  a  charge  of  parking
  violation  shall  be  held  before a hearing examiner in accordance with
  rules and regulations promulgated by the bureau.
    * NB Effective December 1, 2009
    b.  No  charge  may  be  established  except upon proof by substantial
  evidence.
    c. The hearing examiner shall not be bound by the rules of evidence in
  the  conduct  of  the  hearing,  except  rules  relating  to  privileged
  communications.
    d.  The hearing examiner shall at the request of the person charged on
  a showing of good cause and need therefor, or  in  his  own  discretion,
  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.
    e. 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 appearance, testimony or production of evidence.
    f.  The  hearing examiner shall not examine the prior violation record
  of a person charged before making a determination.
    * g. A record shall be made of a hearing on a plea of not guilty or of
  a hearing at which liability in accordance with section  eleven  hundred
  eleven-a of this chapter is contested or of a hearing at which liability
  in  accordance with 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
  is contested. Recording devices may  be  used  for  the  making  of  the
  record.
    * NB Effective until December 1, 2009
    * g.  A  record  shall  be  made of a hearing on a plea of not guilty.
  Recording devices may be used for the making of the record.
    * NB Effective December 1, 2009