NY Gen Mun L § 384 (2021)
2021 New York Laws GMU - General Municipal Article 14-BB - Bureaus of Administrative Adjudication 384 - Commencement of Proceedings; Default Judgments.

§  384.  Commencement of proceedings; default judgments. a. The bureau shall conduct the proceedings authorized by local law in accordance with this section and with rules promulgated by the director.   b. Such proceedings shall be commenced by the  service  of  notice  of violation.  The  notice  of violation or copy thereof when filled in and served shall constitute notice of the violation charged, and,  if  sworn to  or  affirmed,  shall  be prima facie evidence of the facts contained therein. The notice  of  violation  when  sworn  to  or  affirmed  shall constitute the testimony of the signator and, when filed with the bureau shall  be admitted into evidence as such testimony at any hearing on the violation charged. Every such notice of violation  shall  state  whether the  facts set forth therein are known personally to the signator and if the facts are not so known the notice of  violation  shall  specifically identify  the  source  of  knowledge  of  such  facts. If the respondent disputes the facts stated in the notice of violation, the administrative law judge, where appropriate may reject  the  signator's  facts,  accept facts the respondent offers, or direct the signator's appearance.   c.  (1)  The  form  and  wording  of  notices  of  violation  shall be prescribed by the  director.  The  notice  of  violation  shall  contain information  advising  the  person charged of the manner and the time in which such person may either admit or deny the violation 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 time stated in the notice may result in a default decision and order  being  entered against  such  person. The original or a copy of the notice of violation shall be filed and retained by the bureau and shall be deemed  a  record kept in the ordinary course of business.  (2)  Every  notice  of  violation  shall identify the provision of law charged and shall set forth the factual basis for the violation. Where a notice of violation does not  contain  this  information,  it  shall  be dismissed  at  the  request  of the respondent or the administrative law judge may dismiss the notice of violation upon his or her own motion.   d. Where a respondent has failed to plead within the time  allowed  by controlling law or, if there is no such controlling law, by the rules of the  bureau,  or  has failed to appear on a designated hearing date or a subsequent date following an  adjournment,  such  failure  to  plead  or appear  shall  be  deemed,  for  all  purposes,  to  be  an admission of liability and shall be grounds for  rendering  a  default  decision  and order  imposing  a penalty up to the maximum amount prescribed under law for the violation charged. A default decision and order  may  be  opened within  one year of its entry upon written application showing excusable default and a defense to the charge; a default decision  and  order  may thereafter be opened in the discretion of the director only upon written application showing excusable default, a defense to the charge, and good cause for the delay.   e. 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  against  the  respondent which  may be entered in the city court or other equivalent court of the municipality or  any  other  place  provided  for  the  entry  of  civil judgments  within  the state, and may be enforced against the respondent and his, her or its property  without  court  proceedings  in  the  same manner  as  the enforcement of money judgments entered in civil actions; provided however that no such judgment shall be  entered  which  exceeds the jurisdiction of such city court or other court.   f.  Notwithstanding  the  foregoing provision, before a judgment based upon a default may be so entered  the  bureau  must  have  notified  the respondent by first class mail in such form as the director may require;  (1)  of the default decision and order and the penalty imposed; (2) that a judgment may be entered in the city court or other equivalent court of the municipality or any other place provided  for  the  entry  of  civil judgments  within  the  state  of  New  York; and (3) that entry of such judgment 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.   g.  The  bureau shall not enter any final decision or order unless the notice of violation shall have been served in  the  same  manner  as  is prescribed for service of process by article three of the civil practice law  and  rules or article three of the business corporation law, except that:  (1) service of a notice of violation may be made  by  delivering  such notice  to  a  person  employed  by  the  respondent  (A) to work on the premises the occupancy of which caused such violation,  or  (B)  at  the premises  at  which  the  respondent  actually conducts the business the operation of which gave rise to the violation, or (C) at the site of the work with respect to which the violation occurred, or (D) at  the  place at which the violation occurred;  (2)  service  of  a notice of violation may be made by certified mail, return receipt requested; and  (3) a notice of violation of any code or  ordinance  relating  to  the prevention of noise pollution caused by an audible motor vehicle burglar alarm  or  relating  to  the  parking,  stopping  or standing of a motor vehicle may be served upon the owner of such motor vehicle  by  affixing such notice to such vehicle in a conspicuous place.   h.  Proof of service made pursuant to this article shall be filed with the bureau and, where service is made  by  certified  mail  pursuant  to paragraph two of subdivision g of this section, shall include the return receipt  evidencing  receipt of the notice served by mail. Service shall be complete ten days after such filing.   i. Where any final decision or order may not be entered  and  enforced as   a  judgment  because  the  amount  of  civil  penalty  exceeds  the jurisdictional amount of the city court or other equivalent court of the municipality, with respect to actions and proceedings for  the  recovery of  money, such decision or order may be enforced by the commencement of an action or proceeding for the recovery of such civil  penalties  in  a court of competent jurisdiction by the municipality.   j.  Where  service  of  a  notice of violation is not made in a manner authorized by law for the violation charged, it shall  be  dismissed  at the  request  of  the  respondent  or  the  administrative law judge may dismiss the notice of violation upon his or her own motion.