NY Pub Auth L § 1209-A (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 9 - New York City Transit Authority 1209-A - Transit Adjudication Bureau.

§  1209-a.  Transit  adjudication  bureau.  1. Establishment. There is hereby created in the authority a transit adjudication bureau. The  head of  such  bureau shall be the executive director, who shall be appointed by the president of the authority. The executive director  may  delegate the  powers  and  duties  conferred  upon the executive director by this section to such qualified officers and employees of the bureau as he may designate.   2. Hearing officers. The president  of  the  authority  shall  appoint hearing  officers  who shall preside at hearings for the adjudication of charges  of  transit  infractions,  as  hereinafter  defined   and   the adjudication of allegations of liability for violations of the rules and regulations  of the triborough bridge and tunnel authority in accordance with section two thousand nine hundred eighty-five of this chapter,  and who,  as provided below, may be designated to serve on the appeals board of the bureau. Every hearing officer shall have  been  admitted  to  the practice  of law in this state for a period of at least three years, and shall be compensated for his services on a per diem basis determined  by the bureau.   3.  Jurisdiction.  The  bureau  shall  have,  with  respect to acts or incidents in or on the transit facilities of the authority committed  by or  involving  persons  who  are  sixteen  years of age or over, or with respect to acts or incidents occurring on omnibuses owned or operated by the metropolitan transportation authority or a subsidiary  thereof,  and with  respect  to  violation  of  toll  collection  regulations  of  the triborough  bridge  and  tunnel  authority  as  described   in   section twenty-nine   hundred   eighty-five   of   this  chapter,  non-exclusive jurisdiction over violations of: (a) the rules which may  from  time  to time be established by the authority under subdivision five-a of section twelve hundred four of this chapter; (b) article one hundred thirty-nine of  the  health  code of the city of New York, as it may be amended from time to time, relating to public transportation facilities; (c)  article four  of  the  noise  control code of the city of New York, as it may be amended from time to time, insofar as it pertains to sound  reproduction devices;  (d)  the  rules and regulations which may from time to time be established by the triborough bridge and tunnel authority in  accordance with  the  provisions of section twenty-nine hundred eighty-five of this chapter; and (e) rules and regulations which may from time  to  time  be established by the metropolitan transportation authority or a subsidiary thereof  in  accordance  with  the  provisions of section twelve hundred sixty-six of this chapter. Matters within the jurisdiction of the bureau except violations of the rules and regulations of the triborough  bridge and  tunnel  authority  shall  be  known for purposes of this section as transit  infractions.  Nothing  herein  shall  be  construed  to  divest jurisdiction  from  any  court now having jurisdiction over any criminal charge or traffic infraction relating to any act committed in a  transit or  toll  facility,  or  to  impair  the  ability of a police officer to conduct a lawful search of a person in a transit facility. The  criminal court  of  the city of New York shall continue to have jurisdiction over any criminal charge or traffic infraction brought for violation  of  the rules  of  the  authority, the triborough bridge and tunnel authority or the metropolitan transportation authority or a  subsidiary  thereof,  as well as jurisdiction relating to any act which may constitute a crime or an offense under any law of the state of New York or any municipality or political  subdivision thereof and which may also constitute a violation of such rules. The bureau shall have concurrent  jurisdiction  with  the environmental  control  board  and  the  administrative  tribunal of the department of health over the aforesaid provisions of  the  health  code and noise control code of the city of New York.    4.  General  powers.  The  bureau  shall have the following functions, powers and duties:   a. To accept pleas (whether made in person or by mail) to, and to hear and  determine,  charges of transit infractions and allegations of civil liability pursuant to section two thousand nine hundred  eighty-five  of this chapter within its jurisdiction;   b.  To  impose  civil  penalties  not to exceed a total of one hundred fifty dollars for any transit infraction  within  its  jurisdiction,  in accordance  with  a penalty schedule established by the authority or the metropolitan  transportation  authority  or  a  subsidiary  thereof,  as applicable,  except  that penalties for violations of the health code of the city  of  New  York  shall  be  in  accordance  with  the  penalties established  for  such  violations by the board of health of the city of New York, and penalties for violations of the noise code of the city  of New  York shall be in accordance with the penalties established for such violations by law, and civil penalties for violations of the  rules  and regulations  of  the  triborough bridge and tunnel authority shall be in accordance with the penalties established for such violations by section twenty-nine hundred eighty-five of this chapter;   c. In its sole discretion, to suspend  or  forgive  penalties  or  any portion  of  penalties  imposed  on  the  condition  that the respondent voluntarily agrees to perform and actually does  satisfactorily  perform unpaid services on transit facilities as assigned by the authority, such as, without limitation, cleaning of rolling stock;   d.  To adopt, amend and rescind rules and regulations not inconsistent with any applicable provision of law to carry out the purposes  of  this section,  including but not limited to rules and regulations prescribing the internal procedures and organization of the bureau, the  manner  and time  of  entering  pleas,  the  conduct of hearings, and the amount and manner of payment of penalties;   e. To enter judgments and enforce them, without court proceedings,  in the  same manner as the enforcement of money judgments in civil actions, as provided below;   f. To compile and maintain complete and accurate records  relating  to all  charges and dispositions, which records shall be deemed exempt from disclosure under the freedom of information law as records compiled  for law enforcement purposes;   g.  To  apply  to a court of competent jurisdiction for enforcement of any decision or order issued by such bureau or of any subpoena issued by a hearing officer as provided in paragraph d  of  subdivision  seven  of this section;   h.  To  enter  into  contracts  with  other  government agencies, with private organizations, or with individuals to undertake  on  its  behalf such  functions  as  data  processing,  debt  collections,  mailing, and general administration, as the  executive  director  deems  appropriate, except  that  the conduct by hearing officers of hearings and of appeals may not be performed by outside contractors;   i. To accept payment of penalties and to remit same to  the  authority or the metropolitan transportation authority or a subsidiary thereof, as applicable; and   j.  To adjudicate the liability of motor vehicle owners for violations of rules and regulations established in accordance with  the  provisions of section two thousand nine hundred eighty-five of this chapter.   5.  Notices  of  violation.  The  bureau  shall prepare and distribute notices of violation in blank to the transit police and any other person empowered by law, rule and regulation to serve such  notices.  The  form and  wording  of  the  notice  of  violation  shall be prescribed by the executive director, and it may be  the  same  as  any  other  notice  of  violation  or  summons  form  already  in  use  if  said  form meets the requirements hereof. The notice of violation may include  provisions  to record information which will facilitate the identification and location of  respondents,  including  but not limited to name, address, telephone numbers, date of birth, social security number if otherwise permitted by law, place of employment or school, and name and address of  parents  or guardian  if  a  minor.  Notices  of  violation  shall be issued only to persons who are sixteen years of age or over, and  shall  be  served  by delivering  the  notice  within  the state to the person to be served. A copy of each notice of violation served hereunder  shall  be  filed  and retained  by  said  bureau,  and  shall  be  deemed a record kept in the ordinary course of business, and, if sworn  to  or  affirmed,  shall  be prima  facie  evidence  of  the  facts contained therein. Said notice of violation shall contain information advising the person charged  of  the manner  and  the  time within which such person may either admit or deny the offense 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 within the time stated in the  notice  may  result  in  a default  decision  and  order being entered against such person, and the imposition of supplemental penalties as provided in  subdivision  five-a of  section  twelve  hundred four of this chapter. A notice of violation shall not be deemed to be a  notice  of  liability  issued  pursuant  to section two thousand nine hundred eighty-five of this chapter.   6.  Defaults.  Where  a  respondent has failed to plead to a notice of violation or to a notice of liability issued  pursuant  to  section  two thousand  nine  hundred  eighty-five  of  this  chapter  within the time allowed by the rules of said  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  in  such  amount  as  may be prescribed by the authority.   7. Hearings. a.  (1)  A  person  charged  with  a  transit  infraction returnable  to the bureau or a person alleged to be liable in accordance with the provisions of section two thousand nine hundred eighty-five  of this  chapter  who contests such allegation shall be advised of the date on or by which he or she must appear to answer the charge at a  hearing. Notification of such hearing date shall be given either in the notice of violation  or in a form, the content of which shall be prescribed by the executive director or in a manner prescribed  in  section  two  thousand nine  hundred  eighty-five  of this chapter. Any such notification shall contain a warning to advise the person charged that failure to appear on or by the date designated, or any subsequent  rescheduled  or  adjourned date,  shall  be deemed for all purposes, an admission of liability, and that a default judgment may be rendered and penalties  may  be  imposed. Where  notification  is  given  in  a manner other than in the notice of violation, the bureau shall deliver such notice to the  person  charged, either personally or by registered or certified mail.  (2)  Whenever a person charged with a transit infraction or alleged to be liable in accordance with the provisions of section two thousand nine hundred eighty-five of this chapter returnable to the bureau requests an alternate hearing date  and  is  not  then  in  default  as  defined  in subdivision  six  of  this  section, the bureau shall advise such person personally, or by registered or certified mail, of the alternate hearing date on or by which he or she  must  appear  to  answer  the  charge  or allegation  at a hearing. The form and content of such notice of hearing shall be prescribed by the  executive  director,  and  shall  contain  a warning  to  advise  the  person  charged  or  alleged to be liable that  failure to appear on or by the alternate designated hearing date, or any subsequent rescheduled or  adjourned  date,  shall  be  deemed  for  all purposes  an  admission of liability, and that a default judgment may be rendered and penalties may be imposed.  (3)  Whenever a person charged with a transit infraction or alleged to be liable in accordance with the provisions of section two thousand nine hundred eighty-five of this chapter returnable to the bureau appears  at a  hearing  and  obtains  an  adjournment of the hearing pursuant to the rules of the bureau, the bureau shall advise such person personally,  or by  registered  or  certified mail, of the adjourned date on which he or she must appear to answer  the  charge  or  allegation  at  a  continued hearing.  The  form  and  content  of such notice of a continued hearing shall be prescribed by the  executive  director,  and  shall  contain  a warning  to  advise  the  person  charged  or  alleged to be liable that failure to appear on the adjourned hearing date shall be deemed for  all purposes  an  admission of liability, and that a default judgment may be rendered and penalties may be imposed.   b. Every hearing for  the  adjudication  of  a  charge  of  a  transit infraction or an allegation of liability under section two thousand nine hundred  eighty-five  of  this  chapter hereunder shall be held before a hearing officer in accordance with the rules and regulations promulgated by the bureau.   c. The hearing officer shall not be bound by the rules of evidence  in the  conduct  of  the  hearing,  except  rules  relating  to  privileged communications.   d. The hearing officer may, in  his  or  her  discretion,  or  at  the request  of  the  person charged or alleged to be liable on a showing of good cause and need therefor, issue subpoenas to compel  the  appearance of  any  person  to  give  testimony, and issue subpoenas 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 materials.   f. The bureau shall make and  maintain  a  sound  recording  or  other record of every hearing.   g.  After due consideration of the evidence and arguments, the hearing officer shall determine whether the charges  or  allegations  have  been established. No charge may be established except upon proof by clear and convincing evidence except allegations of civil liability for violations of  triborough bridge and tunnel authority rules and regulations will be established in accordance with the provisions of  section  two  thousand nine  hundred  eighty-five  of  this chapter. Where the charges have not been established, an order dismissing the charges or  allegations  shall be  entered.  Where  a determination is made that a charge or allegation has been established or if an answer admitting the charge or  allegation has been received, the hearing officer shall set a penalty in accordance with   the  penalty  schedule  established  by  the  authority,  or  for allegations of civil liability in  accordance  with  the  provisions  of section  two  thousand  nine  hundred eighty-five of this chapter and an appropriate order shall be entered in the records  of  the  bureau.  The respondent shall be given notice of such entry in person or by certified mail. This order shall constitute the final determination of the hearing officer,  and  for  purposes of review it shall be deemed to incorporate any intermediate determinations made by said officer in  the  course  of the  proceeding.  When  no appeal is filed this order shall be the final order of the bureau.    8. Administrative and judicial  review.  a.  There  shall  be  appeals boards  within  the  bureau which shall consist of three or more hearing officers, as the  executive  director  shall  determine.  The  executive director shall select a chairman for each appeals board from the members so  appointed.    No  hearing  officer  may  sit  on  an  appeals  board considering an appeal from a determination made by said hearing officer.   b. A party aggrieved by a final determination of a hearing officer may obtain a review thereof by serving upon the bureau, within  thirty  days of the bureau's service of its notice of entry of such order a notice of appeal  setting  forth  the  reasons  why  the  determination  should be reversed or modified. There shall be no interlocutory appeals.   c. An appeal from a final determination of a hearing officer shall  be submitted  to  the  appeals  board, which shall have power to review the facts and the law, but shall not consider any  evidence  which  was  not presented  to  the  hearing  officer, and shall have power to reverse or modify any judgment appealed from for error of fact or law.   d. Appeals shall be made without the appearance of the  appellant  and appellant's attorney unless the presence of either or both are requested by  the  appellant, appellant's attorney, appellant's parent or guardian if appellant is a minor, or the appeals board. Within twenty days  after a  request  for an appearance, made by or for the appellant, appellant's attorney or the board, the bureau shall  advise  the  appellant,  either personally  or  by registered or certified mail, of the date on which he or she shall appear. The appellant shall be notified in writing  of  the decision of the appeals board.   e.  A  party  may  request  and  obtain  a  record  of the proceedings resulting in a determination for which an  appeal  is  sought,  but  the party  shall pay to the bureau the cost of providing such record. When a record is timely requested for the purpose of preparing an  appeal,  the bureau  shall  not  thereafter cause the appeal to be heard or submitted less than ten days after the  delivery  or  mailing  of  the  record  to appellant or appellant's attorney.   f. The service of a notice of appeal shall not stay the enforcement of an order appealed from unless the appellant shall have posted a bond in, or  shall  have  paid,  the  amount  of  penalties  imposed in the order appealed from within the time period established by rule of  the  bureau for payment of penalties following entry of such an order.   g. No determination of a hearing officer which is appealable under the provisions  of  this  section  shall  be reviewed in any court unless an appeal  has  been  filed  and  determined  in   accordance   with   this subdivision.  When  an  appeal  has been filed, the order of the appeals board shall be the final order of the bureau.  Judicial  review  may  be sought  pursuant  to article seventy-eight of the civil practice law and rules.   9. Enforcement of judgments. a. The bureau shall  have  the  power  to enforce  its  final  decisions  and  orders imposing civil penalties for violations of laws, rules and regulations enforced by it as if they were money judgments, without court  proceedings,  in  the  manner  described herein.   b. 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 which may be entered in the civil court of the city of New York or any other place provided for  the entry  of  civil  judgments  within  the  state,  and,  provided that no proceeding for judicial review shall then be pending,  may  be  enforced without court proceedings in the same manner as the enforcement of money judgments  entered in civil actions. A final order against any person or persons shall be a bar to the criminal prosecution of, and in  the  case  of  a  minor,  juvenile  offender  proceedings  against,  said person or persons for conduct upon which the order was based.   c.  Notwithstanding  the  foregoing  provisions: (1) Before a judgment based upon a default may be so entered the bureau must have attempted to notify the respondent by first class mail, in such form  as  the  bureau may  direct:  (i)  of  the  default  decision  and order and the penalty imposed; (ii) that a judgment will be entered in the civil court of  the city  of  New  York  or  any other place provided for the entry of civil judgments within the state; and (iii) the entry of such judgments 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.  (2) Upon receipt by the bureau of a copy of an order to show cause  in lieu of a notice of petition, or of a notice of petition, served upon it in  a  proceeding  for  judicial review of any final order of the bureau which constitutes a judgment which may be entered in the civil court  of the  city of New York or any other place provided for the entry of civil judgments  within  the  state,  the  bureau  shall  forthwith  serve  by first-class  mail the attorney for the petitioner in such proceeding, or if the petitioner has initiated the proceeding pro se,  the  petitioner, with  a notice stating whether or not a judgment was entered in any such court or other place provided for the entry of  civil  judgments  within the  state prior to the pendency of such proceeding for judicial review. If a judgment was so entered, such notice from  the  bureau  also  shall contain:  (i)  the name and address of the court or other place in which the judgment was entered, and (ii) identification of the judgment  book, index  number,  docket  number,  date  of  entry,  other  information or combination of the foregoing, sufficient for the  petitioner's  attorney in  such  proceeding, or for the petitioner pro se, to locate such entry of judgment according to the indexing system utilized by  the  court  or other  place in which the judgment was entered. Proof of service of such notice from the bureau shall be filed by the bureau with  the  court  in which  the proceeding for judicial review is pending at the same time as the filing with the court of the bureau's first  legal  papers  in  such proceeding.  The  court  in  which the proceeding for judicial review is pending shall not accept for filing the bureau's first legal  papers  in such  proceeding  unless such legal papers are accompanied by such proof of service.   10. Funds. All penalties collected pursuant to the provisions of  this section  shall be paid to the authority to the credit of a transit crime fund which the authority shall establish. Any sums in this fund shall be used to pay for programs selected by the board of the authority, in  its discretion, to reduce the incidence of crimes and infractions on transit facilities,  or  to  improve the enforcement of laws against such crimes and infractions.  Such  funds  shall  be  in  addition  to  and  not  in substitution for any funds provided by the state or the city of New York for such purposes.