2006 New York Code - Final Determinations, Judgments.

 
    § 241. Final  determinations,  judgments.  * 1.  The  hearing examiner
  shall  make  a  determination  on  the  charges,  either  sustaining  or
  dismissing  them. Where the hearing examiner determines that the charges
  have been sustained he may examine either the prior  parking  violations
  record  or the record of liabilities incurred in accordance with section
  eleven hundred eleven-a of this chapter or  the  record  of  liabilities
  incurred   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 of  the  person  charged,  as  applicable
  prior   to   rendering   a  final  determination.  Final  determinations
  sustaining  or  dismissing  charges  shall  be  entered   on   a   final
  determination  roll  maintained  by  the  bureau  together  with records
  showing payment and nonpayment of penalties.
    * NB Effective until December 1, 2009
    * 1. The hearing examiner shall make a determination on  the  charges,
  either  sustaining  or  dismissing  them.  Where  the  hearing  examiner
  determines that the charges have been sustained he may examine the prior
  parking violations record of the person charged  prior  to  rendering  a
  final  determination.  Final  determinations  sustaining  or  dismissing
  charges shall be entered on a final determination roll maintained by the
  bureau  together  with  records  showing  payment  and   nonpayment   of
  penalties.
    * NB Effective December 1, 2009
    * 2. Where an operator or owner fails to enter a plea to a charge of a
  parking  violation  or  contest an allegation of liability in accordance
  with section eleven hundred eleven-a of this chapter or fails to contest
  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, or  fails  to  appear  on  a  designated
  hearing  date  or  subsequent adjourned date or fails after a hearing to
  comply with the determination of a hearing examiner,  as  prescribed  by
  this  article  or  by  rule or regulation of the bureau, such failure to
  plead or contest, appear or comply shall be deemed, for all purposes, an
  admission of liability and shall be grounds for rendering and entering a
  default judgment in an amount provided by the rules and  regulations  of
  the   bureau.  However,  after  the  expiration  of  the  original  date
  prescribed for entering a plea and before  a  default  judgment  may  be
  rendered,  in  such  case  the  bureau  shall pursuant to the applicable
  provisions of law notify such operator or owner, by such form  of  first
  class  mail  as the commission may direct; (1) of the violation charged,
  or liability in accordance with section eleven hundred eleven-a of  this
  chapter  alleged  or  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 alleged, (2) of the impending
  default judgment, (3) that such judgment will be entered  in  the  Civil
  Court  of  the  city  in which the bureau has been established, or other
  court of civil jurisdiction or any other place provided for the entry of
  civil judgments within the state of New York, and (4) that a default may
  be avoided by entering a plea or contesting an allegation  of  liability
  in  accordance  with  section eleven hundred eleven-a of this chapter or
  contesting 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, as appropriate, or
  making an appearance within thirty days of the sending of  such  notice.
  Pleas  entered  and allegations contested within that period shall be in
  the manner prescribed in  the  notice  and  not  subject  to  additional
  penalty  or  fee. Such notice of impending default judgment shall not be
  required  prior  to  the  rendering  and  entry  thereof  in the case of
  operators or owners who are non-residents of the state of New  York.  In
  no  case  shall  a  default  judgment  be rendered or, where required, a
  notice of impending default judgment be sent, more than two years  after
  the  expiration of the time prescribed for entering a plea or contesting
  an allegation. When a person has demanded a hearing, no fine or  penalty
  shall be imposed for any reason, prior to the holding of the hearing. If
  the  hearing  examiner  shall  make  a  determination  on  the  charges,
  sustaining them, he shall impose no greater penalty or fine  than  those
  upon which the person was originally charged.
    * NB Effective until December 1, 2009
    * 2. Where an operator or owner fails to enter a plea to a charge of a
  parking  violation  or  fails  to appear on a designated hearing date or
  subsequent adjourned date or fails after a hearing to  comply  with  the
  determination of a hearing examiner, as prescribed by this article or by
  rule  or  regulation  of  the  bureau,  such failure to plead, appear or
  comply shall be deemed, for all purposes, an admission of liability  and
  shall  be  grounds  for  rendering and entering a default judgment in an
  amount provided by the rules and regulations  of  the  bureau.  However,
  after the expiration of the original date prescribed for entering a plea
  and  before  a default judgment may be rendered, in such case the bureau
  shall pursuant to the applicable provisions of law notify such  operator
  or owner, by such form of first class mail as the commission may direct;
  (1) of the violation charged, (2) of the impending default judgment, (3)
  that  such  judgment  will  be entered in the Civil Court of the city in
  which  the  bureau  has  been  established,  or  other  court  of  civil
  jurisdiction  or  any  other  place  provided  for  the  entry  of civil
  judgments within the state of New York, and (4) that a  default  may  be
  avoided by entering a plea or making an appearance within thirty days of
  the sending of such notice. Pleas entered within that period shall be in
  the  manner  prescribed  in  the  notice  and  not subject to additional
  penalty or fee. Such notice of impending default judgment shall  not  be
  required  prior  to  the  rendering  and  entry  thereof  in the case of
  operators or owners who are non-residents of the state of New  York.  In
  no  case  shall  a  default  judgment  be rendered or, where required, a
  notice of impending default judgment be sent, more than two years  after
  the expiration of the time prescribed for entering a plea. When a person
  has  demanded  a  hearing,  no  fine or penalty shall be imposed for any
  reason, prior to the holding of the hearing.  If  the  hearing  examiner
  shall  make  a  determination  on the charges, sustaining them, he shall
  impose no greater penalty or fine than those upon which the  person  was
  originally charged.
    * NB Effective December 1, 2009
    3. A judgment entered pursuant to the provisions of this section shall
  remain  in  full  force  and  effect for eight years notwithstanding any
  other provision of law.