NY Veh & Traf L § 227 (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 2 - Department of Motor Vehicles; Commissioner Article 2-A - Adjudication of Traffic Infractions 227 - Hearings; Determinations.

§ 227. Hearings; determinations. 1. Every hearing for the adjudication   of  a  traffic  infraction,  as  provided by this article, shall be held   before a hearing officer appointed by the commissioner.  The  burden  of   proof  shall be upon the people, and no charge may be established except   by clear and convincing evidence. The  commissioner  may  prescribe,  by   rule or regulation, the procedures for the conduct of such hearings.2. In any case wherein the people are not ready for the hearing on the   scheduled hearing date, the hearing officer may order a dismissal of the   charge  or  the  adjournment of the hearing to a subsequent time. In any   case wherein the people are not ready for  the  hearing  at  an  ordered   adjourned time and do not provide a minimum of seven days' notice to the   department  after  having been not ready for a hearing on the charge for   any reason previously, the charge shall be dismissed unless the  hearing   officer determines that a substantial traffic safety hazard would result   from  the  dismissal.  The  commissioner  shall  promulgate  regulations   concerning the adjournment of hearings which may permit the dismissal of   cases by a hearing officer for reasons not prescribed herein.3. After due consideration of the evidence and arguments offered in  a   contested  case, the hearing officer shall determine whether the charges   have been established. Where the charges have not been  established,  an   order  dismissing the charges shall be entered. Where a determination is   made that a charge has been established, either in a contested  case  or   in  an  uncontested  case  where there is an appearance before a hearing   officer, or if  an  answer  admitting  the  charge  otherwise  has  been   received,  an  appropriate  order  shall  be entered in the department's   records.4. a. An order entered upon the failure to answer or appear  or  after   the  receipt  of an answer admitting the charge or where a determination   is made that the charge has been established shall be civil  in  nature,   but  shall  be treated as a conviction for the purposes of this chapter.   The commissioner or his designee may include in such order an imposition   of any penalty authorized  by  any  provision  of  this  chapter  for  a   conviction  of  such  violation,  except that no penalty therefore shall   include imprisonment, nor, if monetary, exceed the amount  of  the  fine   which  could  have been imposed had the charge been heard by a court. If   the charge involves a violation of section three hundred eighty-five  of   this  chapter,  the  driver's  license  or  privileges  may be suspended   pending the payment of  any  penalty  so  imposed,  or,  if  the  charge   involves  a  violation  of  section  three  hundred  eighty-five of this   chapter by a registrant who was not the operator  of  the  vehicle,  the   registration  of  such  vehicle  or  privilege of operation of any motor   vehicle owned by such registrant may be suspended pending the payment of   any penalty so imposed. Any suspension issued pursuant to this paragraph   shall be subject to the provisions of paragraph (j-1) of subdivision two   of section five hundred three of this chapter.b. Unpaid fines may be recovered by the commissioner in a civil action   in the name of the commissioner. In addition, as an alternative to  such   civil  action,  and provided that no appeal is pending, the commissioner   may file with the county clerk of the county in which the person resides   a final order of the commissioner containing the amount of the  fine  or   fines.  The  filing  of  such  final order shall have the full force and   effect of a judgment duly docketed in the office of such clerk  and  may   be enforced in the same manner and with the same effect as that provided   by law in respect to execution issued against property upon judgments of   a  court  of  record.  No such civil action shall be commenced nor shall   such final  order  be  filed  until  at  least  thirty  days  after  the   department  has  posted by ordinary mail to the person at the address of   such person on file with  the  department  or  at  the  current  address    provided  by  the  United  States postal service notice of the amount of   such fine or fines and that such fine or fines are due and owing.* 5.  All  penalties  and forfeited security collected pursuant to the   provisions of this article shall be paid to the department of audit  and   control  to the credit of the justice court fund and shall be subject to   the applicable provisions of section  eighteen  hundred  three  of  this   chapter.  After  such  audit  as  shall  reasonably  be  required by the   comptroller,  such  penalties  and  forfeited  security  shall  be  paid   quarterly  or,  in  the  discretion  of the comptroller, monthly, to the   appropriate jurisdiction in which the violation occurred  in  accordance   with  the  provisions of section ninety-nine-a of the state finance law,   except that the sum of four dollars for each violation occurring in such   jurisdiction  for  which  a  complaint   has   been   filed   with   the   administrative  tribunal  established  pursuant to this article shall be   retained by the state.  Notwithstanding  any  law  to  the  contrary  an   additional  annual sum of three million dollars collected from fines and   assessed to the city of New York, shall be deposited  into  the  general   fund.  Provided,  however,  that if the full costs of administering this   article shall exceed the amounts received and retained by the state  for   any  period  specified by the commissioner, then such additional sums as   shall be required to offset such costs shall be retained  by  the  state   out  of  the penalties and forfeited security collected pursuant to this   article.* NB Effective until April 1, 2019* 5. All penalties and forfeited security collected  pursuant  to  the   provisions  of this article shall be paid to the department of audit and   control to the credit of the justice court fund and shall be subject  to   the  applicable  provisions  of  section  eighteen hundred three of this   chapter. After such  audit  as  shall  reasonably  be  required  by  the   comptroller,  such  penalties  and  forfeited  security  shall  be  paid   quarterly or, in the discretion of  the  comptroller,  monthly,  to  the   appropriate  jurisdiction  in which the violation occurred in accordance   with the provisions of section ninety-nine-a of the state  finance  law,   except that the sum of four dollars for each violation occurring in such   jurisdiction   for   which   a   complaint   has  been  filed  with  the   administrative tribunal established pursuant to this  article  shall  be   retained  by  the  state.  Provided,  however, that if the full costs of   administering  this  article  shall  exceed  the  amounts  received  and   retained by the state for any period specified by the commissioner, then   such  additional sums as shall be required to offset such costs shall be   retained by the state  out  of  the  penalties  and  forfeited  security   collected pursuant to this article.* NB Effective April 1, 20196. Unless a hearing officer shall determine that a substantial traffic   safety  hazard  would  result  therefrom,  he  shall,  pursuant  to  the   regulations of the commissioner, delay for a period of thirty  days  the   effective  date  of any suspension or revocation of a drivers license or   vehicle registration imposed after a hearing pursuant to  this  article,   unless  such  suspension  was  imposed  because  of the failure to pay a   monetary penalty. Provided, however, the commissioner's regulations  may   provide  for  the  immediate  surrender  of  any item to be suspended or   revoked and the issuance of appropriate temporary  documentation  to  be   used during such thirty day period.