NY Veh & Traf L § 241-A (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 2 - Department of Motor Vehicles; Commissioner Article 2-B - Adjudication of Parking Infractions 241-A - Complaint Procedure for Satisfied or Wrongfully Imposed Fine or Penalty.

§ 241-a. Complaint  procedure for satisfied or wrongfully imposed fine or penalty. 1. (a) Every city with a population of more than one million inhabitants that has  established  a  parking  violations  bureau  shall establish,  within  such  bureau,  a  properly staffed complaint unit of public service representatives to respond to complaints from any  person who, after having satisfied, by payment, adjudication, or administrative action,  any  fine  or  penalty  for a parking violation or after having proven that a fine or penalty was wrongfully  imposed  on  this  person, receives  a  demand  for  payment  of  the  fine  or  penalty previously satisfied or wrongfully  imposed,  or  is  denied  any  registration  or renewal   application  by  the  department  of  motor  vehicles  upon  a certification from such parking violations bureau  based  upon  lack  of payment  of  any  fine  or  penalty  previously  satisfied or wrongfully imposed. The complaint unit established under this section shall  accept complaints  either  in  person  or  by  certified  mail,  return receipt requested. Each written demand for payment, other than the first  demand following  issuance  of  the  notice  of  violation,  shall  advise  the addressee of the existence of the complaint unit and the  procedure  for submitting  a  complaint.  Upon receipt of a complaint, if in person, or within ten work days after receipt  of  a  complaint  if  by  mail,  the complaint  unit  shall  acknowledge  receipt  in  writing and notify the complainant of the procedure for  further  review.  The  complaint  unit shall,  within  thirty  days after receiving a complaint in person or by certified mail supported by the proof prescribed by this section, notify the complainant that the payment has been credited to his or her record; that the wrongful imposition has been  removed  from  the  complainant's record;  or  that the information sent to the bureau fails to prove that the fine or penalty was satisfied or that the imposition  was  wrongful, in which case the reason or reasons shall be set forth.  (b)  If,  after this thirty day period, the bureau continues to demand payment from this person of the fine or penalty previously satisfied  or wrongfully  imposed,  or  if the bureau does not render a determination, the person within six months from the date of his or her complaint shall have  the  right  to  an  expedited  review  before  a  panel  of  three administrative  law judges.  Such panel shall be empowered to compel the bureau to produce records and other evidence relevant  and  material  to the  complaint.  The  complainant  shall be required to submit, together with his or her request for a  review,  a  copy  of  all  the  materials submitted  with  the original complaint. The panel of administrative law judges shall be  empowered  to  direct  that  the  bureau's  records  be changed,  as  appropriate,  to insure that no further demand is made for the fine or penalty previously satisfied or wrongfully imposed, and  the bureau   shall  comply  with  such  directive.  Further,  the  panel  of administrative law judges, upon petition by the complainant, may at  its sole  discretion,  direct  the  parking  violations  bureau  to  pay the complainant who receives a wrongfully imposed  fine  or  has  previously satisfied  an  outstanding fine such out-of-pocket expenses as the panel deems reasonable only in such cases where the  complainant  sufficiently demonstrates  that  he  or  she  has  notified  the bureau of his or her complaint under this section and the bureau has failed, in  the  panel's opinion,  to  remove  the  wrongfully  imposed  fine  or  the previously satisfied fine; however, payment of such expenses shall not  exceed  the amount of the original fine.  (c) Any other city authorized to establish a parking violations bureau may create a panel to resolve complaints relating to satisfied penalties and  wrongfully imposed penalties. The composition of such a panel shall be determined by local option.    2. This  section  shall  not  apply  to  parking  violation  fines  or penalties  relating  to commercial, taxi, common or contract carriers or livery vehicles.   3. In cities required to create a review panel under this section, the parking  violations  bureau  shall  keep  a  record  of  all  complaints submitted under this section for a minimum of  three  years,  and  shall issue  a  public  report  every year containing the number of complaints heard each year  according  to  category,  the  number  of  dispositions favorable  to  complainants,  the  average  compensation awarded in such favorable dispositions, and  any  other  appropriate  information.  Such information shall also be published annually and placed in the municipal reference library, in such cities where applicable.   4.  The  proof  that  must be submitted in connection with a complaint made under this section is, as appropriate, a copy of the receipt, money order or front and back of cancelled check; a copy of a police report of stolen vehicle or stolen or lost plates or proof of an insurance company payment for a stolen vehicle, or a department of motor vehicles  receipt for  surrendered plates. As used in this section, a "wrongfully imposed" fine or penalty shall mean a fine or penalty which is imposed after  the respective  vehicle  has  been  stolen  or after the license plates were stolen, lost or surrendered to the department of motor vehicles.   5. Every such parking violations bureau  shall  adopt  and  promulgate rules  and regulations not inconsistent with any applicable provision of law, to carry out the purposes of this section.