2023 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.
* NB Effective until January 1, 2025
* 2.  Hearing  officers.  The president of the authority shall appoint
hearing officers who shall preside at hearings for the  adjudication  of
charges  of  transit or railroad 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 their services on a per diem
basis determined by the bureau.
* NB Effective January 1, 2025
* 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.
* NB Effective until January 1, 2025
* 3. Jurisdiction. The bureau shall have,  with  respect  to  acts  or
incidents  in  or on the transit or railroad facilities of the authority
or the metropolitan transportation authority  or  a  subsidiary  thereof
committed  by or involving persons who are sixteen years of age or over,
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  or railroad infractions, as applicable. 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 or
railroad 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.
* NB Effective January 1, 2025
* 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.
* NB Effective until January 1, 2025
* 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  and  railroad   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 and to issue warnings for any transit  or
railroad  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, and the
conditions  set  forth in subdivisions eleven and twelve of this section
and subdivision  four  of  section  twelve  hundred  sixty-six  of  this
article,  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  or railroad 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 warnings, charges and dispositions, which records  shall  be  deemed
exempt  from  disclosure under the freedom of information law as records
compiled for law enforcement purposes, and provided that, in the absence
of an additional violation, records of a warning issued to an individual
in accordance with paragraph a of subdivision  eleven  of  this  section
shall  be sealed or expunged as of the date that is four years after the
date that such warning was issued;
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,  and  that  biometric
identifying technology, including but not limited to facial  recognition
technology,  may  not be used or arranged for use by outside contractors
to enforce or process transit and railroad infractions relating  to  the
payment of fares;
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.
* NB Effective January 1, 2025
* 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.
* NB Effective until January 1, 2025
* 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 or subdivision  four  of  section  twelve
hundred  sixty-six  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.
* NB Effective January 1, 2025
* 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.
* NB Effective until January 1, 2025
* 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 or the metropolitan transportation authority
or a subsidiary thereof.
* NB Effective January 1, 2025
* 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.
* NB Effective until January 1, 2025
* 7. Hearings. a. (1) A person charged  with  a  transit  or  railroad
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 such person 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 or railroad 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 such person 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 or railroad 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  such  person  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  or
railroad  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 their 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  the
metropolitan  transportation  authority  or  its  subsidiaries,  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.
* NB Effective January 1, 2025
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.
* NB Effective until January 1, 2025
* 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
metropolitan transportation authority, in its discretion, to reduce  the
incidence  of crimes and infractions on transit and railroad 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 any political subdivision  within
the  metropolitan  commuter  transportation  district  as established by
section twelve hundred sixty-two of this article for such purposes.
* NB Effective January 1, 2025
* 11. Civil penalties relating to payment of transit fare  violations.
Civil  penalties imposed by the bureau in connection with a violation by
a respondent of the rules of  the  authority  or  the  MTA  bus  company
relating  to  the  payment  of  fares  shall  adhere  to  the  following
conditions:
a. A violation that is  the  first  such  violation  by  a  respondent
committed   in   any   four   year   period  shall,  absent  exceptional
circumstances including a concurrent violation  or  violations  by  such
individual of the penal law or the rules of conduct of the New York city
transit  authority  or  the  MTA bus company which causes or may tend to
cause harm to oneself or to any other person, or to the  safe  operation
of the transit system, be punishable only by an official written warning
issued  according  to  and governed by the rules of the authority in all
respects; provided that such warning shall not be used for  any  purpose
other  than as a predicate to the imposition by the transit adjudication
bureau  of  a  civil  penalty  on  such  respondent  pursuant  to   this
subdivision in the event of a subsequent violation, and provided further
that  such  information  shall not be open to the public, nor subject to
civil or criminal process  or  discovery,  nor  used  by  any  court  or
administrative  or adjudicatory body in any action or proceeding therein
except that which is necessary for the adjudication  of  the  notice  of
violation pursuant to this subdivision or for inspection and copying and
use by the respondent.
b.  A  penalty  for a violation that is the second such violation by a
respondent committed in any  four  year  period  shall  not  exceed  one
hundred  dollars (exclusive of supplemental penalties, interest or costs
assessed thereon). Upon payment by such respondent  of  the  penalty  in
full  by the date due for such payment, absent exceptional circumstances
as set forth in paragraph a of this subdivision, the bureau shall  issue
a  farecard to the respondent for use on transit facilities in an amount
not to exceed one-half of the penalty amount.
c. A penalty for a violation that is  the  third  or  subsequent  such
violation  by  a  respondent committed in any four year period shall not

exceed one hundred fifty dollars (exclusive of  supplemental  penalties,
interest or costs assessed thereon).
d.  In the case of a violation by a respondent who at the time of such
violation is enrolled in the fair fares program administered by the city
of New York and provides to the bureau proof  of  such  enrollment,  the
penalty  amount for such violation shall not exceed fifty percent of the
penalty amount applicable to such violation pursuant to the schedule  of
such  penalties  as may from time to time be established by rules of the
authority in accordance with paragraphs a through c of this  subdivision
(exclusive   of  supplemental  penalties,  interest  or  costs  assessed
thereon).
e. Notwithstanding paragraphs a through d  of  this  subdivision,  the
bureau  shall forgive penalties or any portion of penalties imposed on a
respondent for a violation of the rules of the authority or of  the  MTA
bus  company  relating to the payment of fares on the condition that the
respondent enrolls in the fair fares program administered by the city of
New York and provides to the bureau proof of such enrollment.
* NB Effective January 1, 2025
* 12. Civil penalties relating to payment of railroad fare violations.
Civil penalties imposed by the bureau in connection with a violation  by
a  respondent  of  the  rules  of  the  authority  or  the  metropolitan
transportation authority or any of  its  subsidiaries  relating  to  the
payment  of  fares to the Metro-North railroad and Long Island rail road
shall adhere to the following conditions:
a. In the case of a violation by a respondent who at the time of  such
violation is enrolled in the fair fares program administered by the city
of  New  York  and  provides to the bureau proof of such enrollment, the
penalty amount for such violation shall not exceed fifty percent of  the
penalty  amount applicable to such violation pursuant to the schedule of
such penalties as may from time to time be established by rules  of  the
authority  or  metropolitan  transportation  authority  or  any  of  its
subsidiaries.
b. Notwithstanding the rules of  the  authority  or  the  metropolitan
transportation  authority  or  any of its subsidiaries, the bureau shall
forgive penalties or any portion of penalties imposed  on  a  respondent
for  a  violation  of  the rules of the authority or of the metropolitan
transportation authority or any of  its  subsidiaries  relating  to  the
payment of fares to the Metro-North railroad or Long Island rail road on
the  condition  that  the  respondent  enrolls in the fair fares program
administered by the city of New York and provides to the bureau proof of
such enrollment.
* NB Effective January 1, 2025
* 13. Reporting. Within two  years  of  the  effective  date  of  this
subdivision,  the  metropolitan  transportation  authority  shall  begin
publishing through the  open  data  website  established  under  section
twelve  hundred  seventy-nine-i  of  this  article,  data regarding fare
evasion  infractions  adjudicated  by  the  bureau,  including   without
limitation  the  number  of  transit  and railroad infractions issued by
location including, to the extent ascertainable, the  subway  stop,  bus
route and/or stop if applicable, the number and percentage of transit or
railroad  infractions for which a written warning was issued broken down
by location including, to the extent ascertainable, the subway stop, bus
route and/or stop if applicable, the  date  and  time  of  day  of  each
infraction,   the   number   and  percentage  of  transit  and  railroad
infractions issued wherein the infraction was  a  second  or  subsequent
infraction alleged against the respondent, and such other information as
the  authority  or  bureau deem appropriate. No identifiable information
about individual violations shall be published in such reporting.
* NB Effective January 1, 2025