2023 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.