reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 124 - Hearings › Section 124.10 - Request for a rescheduled hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Telephone. The motorist may request the
				  first rescheduled hearing date by telephone at least one day before the hearing
				  date by calling the telephone number listed on the traffic summons issued to
				  such motorist.
(b) By mail. The
				  motorist may request the first reschedule hearing date by mailing his or her
				  request to the Traffic Violations Bureau Plea Unit, P.O. Box 2950-ESP, Albany,
				  NY 12220-0950 at least 10 days before the scheduled hearing date. Any mail
				  transaction will be considered timely if postmarked at least 10 days prior to
				  the scheduled hearing date. The motorist will be notified by mail of the
				  rescheduled hearing date.
(c) In
				  person.
(1) Prior to the date of hearing.
(i) The motorist may request a first or
				  second rescheduled hearing date by appearing in person, or through a
				  representative appearing in person, at least one day before the scheduled
				  hearing date, at any hearing office; provided, however, if the request is for a
				  second rescheduled hearing date, the administrative law judge shall only grant
				  the rescheduled hearing for good cause shown.
(ii) For a third or subsequent request for a
				  rescheduled hearing date, the motorist or his or her representative must appear
				  at the hearing office where the hearing is scheduled to be held. The
				  administrative law judge shall only grant the rescheduled hearing for good
				  cause shown.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 125 - Miscellaneous › Section 125.1 - Posting of security

Current through Register Vol. 46, No. 28, July 10, 2024
Section 226 (2)  of the Vehicle and
					 Traffic Law provides that, in order to enter any not guilty plea, the motorist
					 must post security in the amount of $40. This provision is suspended so that if
					 the plea is made on time, security need not be posted.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 125 - Miscellaneous › Section 125.2 - Payment of fine

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as
				  provided in subdivisions (b) through (d) of this section, all fines are due and
				  payable immediately. If the fine is not paid immediately, the driver's license
				  or operating privilege will be suspended, and the registration or privilege of
				  operation may be suspended as provided by law, until full payment is
				  made.
(b) For good cause, the
				  administrative law judge who adjudicates a summons or the senior administrative
				  law judge in charge, may grant an adjournment for payment of up to 30 days
				  after entry of the determination.
(c) In any case where an adjournment for
				  payment has been granted pursuant to subdivision (b) of this section, a senior
				  administrative law judge in charge may grant one additional adjournment for
				  payment for not more than 60 days; provided, however, that where the total of
				  all penalties payable by one motorist exceeds $1,000, such additional
				  adjournment may be for a period of up to five months.
(d) In determining whether there is good
				  cause to grant an adjournment for payment, the administrative law judge or
				  senior administrative law judge shall consider the motorist's ability to pay
				  the fine immediately and whether there is a reasonable likelihood that payment
				  will be made within the extended time period. In any case in which the motorist
				  is subject to penalties arising from two or more charges, the granting of an
				  adjournment for payment on any particular charge may be conditioned on the
				  immediate payment of the penalty or penalties arising from one or more
				  different charges.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 125 - Miscellaneous › Section 125.3 - Delay of suspension and revocation

Current through Register Vol. 46, No. 28, July 10, 2024
If an administrative law judge suspends or revokes a
					 motorist's license or registration as part of the penalty imposed for a
					 violation, the start of the period of suspension or revocation will be delayed
					 for 30 days unless the administrative law judge determines that a substantial
					 traffic safety hazard would result from the delay. The motorist may waive the
					 30-day delay, in which case the suspension or revocation will take effect at
					 12:01 a.m. the following day. If the motorist does not surrender his or her
					 license or number plates by the effective date of the suspension or revocation,
					 the order will be in effect, but credit for the suspension or revocation period
					 shall be computed only from the date of surrender.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 125 - Miscellaneous › Section 125.4 - Transfer of cases

Current through Register Vol. 46, No. 28, July 10, 2024
If a complaint made returnable before the bureau alleges an
					 offense other than a traffic infraction, the complaint will be transferred to a
					 tribunal of appropriate jurisdiction.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 125 - Miscellaneous › Section 125.5 - Dismissal of certain cases

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
				  addition to charges subject to the provisions of section
				  124.9 
				  of this Title, the following charges shall be subject to dismissal without a
				  hearing:
(1) Unlicensed operator and
				  unregistered vehicle charges. If department records show the motorist to have
				  been licensed or the vehicle to have been registered at the time the summons
				  was issued, the charge will be dismissed, and the motorist will be notified of
				  the dismissal. If a motorist is not advised of a dismissal prior to the
				  appearance date, the motorist must appear and present proof of valid licensing
				  or registration to an administrative law judge, who will dismiss the charge if
				  proof is acceptable.
(2) Equipment
				  defects. If the motorist is charged with any violation in respect to equipment
				  required by law, other than a violation relating to service brakes or where at
				  least one headlamp is not lighted and adjusted as required by law, and the
				  motorist presents documentary proof of repair as required by section 376-a  of the Vehicle and Traffic Law, the
				  charge will be dismissed and the motorist will be notified of the dismissal.
				  Section 376-a requires that repairs be completed before one-half hour after
				  sunset on the next business day after the violation is committed and that the
				  proof be presented on or before the date of appearance.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 125 - Miscellaneous › Section 125.6 - Motion to vacate judgment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within
				  six months of entry of a conviction, a motorist may request that the
				  determination be vacated. The request shall be made, in writing, to the senior
				  administrative law judge in the area in which the violation was found to have
				  occurred. The request must be accompanied by documentary evidence which was not
				  reasonably available at the time of determination or appeal and may be made
				  only with regard to the following determinations and circumstances:
(1) Passing a red light or disobeying any
				  other traffic control device. The motorist must submit proof from the
				  appropriate traffic control authority that, within 24 hours of the violation,
				  not including holidays and weekends, the device was reported to be
				  malfunctioning, inoperable or in need of repair, and that such authority
				  subsequently corrected such defect or made such repair or remedied such defect.
				  The violator must include an explanation as to why such proof was not
				  reasonably available at the time of determination or appeal.
(2) Uninsured or permitting uninsured
				  operation. The violator must submit a letter, indicating appropriate insurance
				  coverage on the date in question, from an insurance company or from the
				  appropriate regulatory or governmental agency. A letter from an insurance agent
				  will not be acceptable. The violator must include an explanation as to why such
				  proof was not reasonably available at the time of determination or
				  appeal.
(3) Unregistered or
				  permitting unregistered operation. The violator must submit a document or
				  letter from the issuing authority showing proper registration, at the time of
				  the violation, in this State or in the state of residence if different from
				  this State. The violator must include an explanation why such proof was not
				  reasonably available at the time of determination or appeal.
(4) Unlicensed operation, permitting
				  unlicensed operation, aggravated unlicensed operation or permitting aggravated
				  unlicensed operation. The violator must submit a letter from the licensing
				  authority or authorities verifying that the operator of the vehicle had, at the
				  time of the violation, a valid New York or out-of-state driver's license that
				  was not suspended, revoked or canceled. The violator must include an
				  explanation as to why such proof was not reasonably available at the time of
				  determination or appeal.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 125 - Miscellaneous › Section 125.7 - Exceptions

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner or deputy commissioner and counsel, the
					 director of the division of hearing and adjudication or a supervising
					 administrative law judge, may permit deviations from the provisions of this
					 Subchapter where they are satisfied that the specific circumstances involved in
					 any situation would result in a subversion of the intent of article 2-A of the
					 Vehicle and Traffic Law if this Subchapter were to be strictly
					 applied.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 126 - Appeals And Judicial Review › Section 126.1 - Appeals board

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A Motor
				  Vehicle Appeals Board consisting of attorneys and counselors at law is hereby
				  established, under the supervision of the commissioner, to consider and
				  determine appeals filed pursuant to article 2-A of the Vehicle and Traffic Law.
				  Each such appeal shall be considered by members of the board sitting as a
				  panel. Each panel shall consist of three members designated as hereinafter
				  provided. Hearing officers may be designated as members of each panel. At least
				  two votes shall be required to take final action on each appeal. (Appeals filed
				  pursuant to article 3-A of the Vehicle and Traffic Law shall be reviewed in
				  accordance with the regulations prescribed in Part 155 of this
				  Title.)
(b) Any post-hearing
				  application in the Traffic Violations Bureau, such as normally would be made to
				  a trial court in a judicial proceeding, must be processed as an appeal.
				  Applications and rulings made prior to the hearing date may be considered for
				  appeal only if they are noted upon the record made when the subject case is
				  called and actually heard by a hearing officer.
(c) General direction and supervision of the
				  Appeals Board shall be exercised by the chairman of the Motor Vehicle Appeals
				  Board, who shall designate the individual members and presiding officers of the
				  various panels and shall be the presiding officer of any panel of which he is a
				  member. The vice-chairman of the Motor Vehicle Appeals Board shall assist the
				  chairman in the general direction and supervision of the Appeals Board, perform
				  the functions of the chairman in the absence of the chairman and, unless the
				  chairman shall also be a member of the panel, shall be the presiding officer of
				  any panel of which he is a member.
(d) Members of the public, attorneys and
				  interested parties may obtain information or make submissions or requests
				  concerning appeals by writing to: Information may be obtained by telephone at
				  (518) 474-1052.
Appeals Board
Department of Motor Vehicles
P. O. Box 2935
Albany, NY 12220-0935
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 126 - Appeals And Judicial Review › Section 126.3 - Appeals without transcript

Current through Register Vol. 46, No. 28, July 10, 2024
An appeal without transcript may be submitted only when the
					 only issue is the appropriateness of the penalty imposed. When an appeal is so
					 submitted, the decision of the board shall be final. Such appeal shall be
					 deemed fully submitted when filed; provided, however, that when a transcript be
					 later submitted, the provisions of section
					 126.2(e) 
					 of this Part shall then determine the date of final
					 submission.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 126 - Appeals And Judicial Review › Section 126.4 - Determinations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Appeals
				  Board shall issue a determination in the form of a letter to the motorist
				  within 60 days of the date an appeal is finally submitted. In the event the
				  imposition of the suspension or revocation of a license or registration has
				  been delayed by a hearing officer pursuant to section
				  124.6  of
				  this Title, such delay will be extended at the office of the Appeals Board by
				  issuance of a stay order until a determination of the appeal has been issued.
				  If a determination has not been made within 30 days after an appeal has been
				  finally submitted, a stay of any revocation or suspension will be issued by the
				  Appeals Board pending a final determination. In the discretion of the Appeals
				  Board, an order staying a revocation or suspension may be issued pending final
				  determination of an appeal at any time in the interests of justice.
(b) Demand for determination. If the Appeals
				  Board does not issue a determination within 60 days of the date an appeal is
				  finally submitted, the appellant may serve a demand for determination. Such
				  notices must be served via certified mail to the Appeals Board, at the address
				  given in section
				  126.1(d) 
				  of this Part. Upon receipt of such demand, the board must issue its
				  determination within 45 days, excluding the date of receipt, or the appeal
				  shall be deemed granted. The chairman or the vice-chairman shall issue all
				  necessary orders to give effect to such grant and shall so notify the
				  appellant.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 126 - Appeals And Judicial Review › Section 126.5 - Judicial review

Current through Register Vol. 46, No. 28, July 10, 2024
A determination of an appeal may be reviewed pursuant to
					 article 78 of the Civil Practice Law and Rules.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 127 - Safety Hearings › Section 127.1 - Notice of hearing; answers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Generally.
				  All parties shall be given reasonable notice of a hearing. The notice shall
				  include (1) a statement of the time, place and nature of the hearing, (2) a
				  statement of the legal authority and jurisdiction under which the hearing is to
				  be held, (3) a reference to the particular sections of the statutes and
				  regulations involved, where possible, (4) a short and plain statement of the
				  matters asserted, (5) a statement that interpreter services will be made
				  available, upon request of a deaf respondent, at no charge, (6) a statement
				  that a party may be represented by counsel and (7) a statement of other rules
				  and rights contained in the Department's Administrative Adjudication Plan
				  pursuant to Executive Order 131, section III(B)(11). No pre-hearing answers or
				  responsive pleadings are permitted.
(b) In a hearing initiated through a
				  complaint or investigation of the Division of Vehicle Safety, notice shall be
				  mailed at least 30 days prior to the scheduled date of the hearing, unless a
				  hearing is required by law to be held at an earlier time. Notices of vehicle
				  safety hearings shall be mailed by first class mail, unless otherwise required
				  by the Vehicle and Traffic Law, to the respondent at his or her last-known
				  address on file with the department.
(c) Except for hearings scheduled by a court
				  or hearings governed by subdivision (b) of this section, it is the department's
				  policy to mail notices of hearings at least 14 days prior to the scheduled date
				  of the hearing, unless a hearing is required by law to be held at an earlier
				  time. A notice of hearing shall be mailed by first-class mail to the respondent
				  at his or her last-known address on file with the department unless a different
				  method of service is required by law. Any notice not returned by the post
				  office for nondelivery shall be presumed received by the respondent.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 127 - Safety Hearings › Section 127.2 - Time and place of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				  hearings, whether scheduled by the department or by a court, shall be commenced
				  at the time and place specified in the notice of hearing, or as soon thereafter
				  as is practicable.
(b) Except as
				  provided in subdivision (c) of this section, hearings shall be commenced within
				  the following time limitations:
(1) for a
				  vehicle safety hearing, 12 months from the filing of a complaint or, where no
				  complaint is filed, from the initiation of the department's
				  investigation;
(2) for a chemical
				  test refusal hearing, six months from the date the department receives notice
				  of refusal;
(3) for a hearing to
				  investigate a fatal accident, 12 months from the date of death;
(4) for any other hearing not required by
				  law, one year form the department's receipt of the facts which give rise to the
				  hearing; and
(5) notwithstanding
				  any of the above provisions, for any hearing, other than a chemical test
				  refusal hearing or a temporary suspension pending hearing imposed pursuant to
				  section 415 (9-a)  of the Vehicle and
				  Traffic Law, where a temporary suspension pending such hearing is in effect, 30
				  days from the effective date of such suspension.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 127 - Safety Hearings › Section 127.3 - Suspensions pending hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Whenever the department suspends a license, privilege or permit pending a
				  hearing, the respondent shall be provided with a notice of suspension, mailed
				  to the respondent's last known address on file with the department. Such
				  suspension shall specify the time and place at which the hearing is scheduled
				  to be held.
(b) Except as otherwise
				  provided in subdivision (d) of this section, no suspension pending a hearing
				  shall be issued unless:
(1) the scheduled
				  hearing date is no later than 30 days from the date of such suspension, or no
				  later than 10 days if such suspension is imposed pursuant to section 415 (9-a)  of the Vehicle and
				  Traffic Law and either:
(2) for a
				  vehicle safety hearing or other hearing involving a business licensed or
				  regulated by the commissioner, the commissioner has reasonable grounds to
				  believe that such suspension is necessary to prevent continuing violations;
				  or
(3) for hearings involving a
				  driver's license or privilege, the commissioner has reasonable grounds to
				  believe that the respondent, if allowed to continue to drive, would pose an
				  unusual or immediate risk upon the highways.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 127 - Safety Hearings › Section 127.4 - Appearances

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A respondent
				  may be represented by counsel or, in the discretion of the hearing officer, by
				  any other person of his or her choosing. Any person representing the respondent
				  must conform to the standards of conduct required of attorneys appearing before
				  courts of this State. Failure to conform to such standards shall be grounds for
				  prohibiting the continued appearance of such person on behalf of the
				  respondent.
(b) A complainant or
				  witness may be represented by counsel or other representative. However, the
				  ability of the complainant, witness or such counsel or representative to
				  question and/or cross-examine witnesses may be limited or prohibited by the
				  hearing officer if, in his or her discretion, the hearing officer feels that
				  such questioning or cross-examination is irrelevant or unduly
				  repetitious.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 127 - Safety Hearings › Section 127.5 - Conduct of hearings; recusal

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A respondent or designated representative
				  may request recusal of an assigned hearing officer. The request and the reason
				  for it must be made to the assigned hearing officer at the beginning of the
				  hearing or as soon thereafter as the requestor receives information which forms
				  the basis for such request. Denial of a request for recusal shall be reviewable
				  by the Administrative Appeals Board or Repair Shop Review Board under
				  procedures established pursuant to articles 3-A and 12-A of the Vehicle and
				  Traffic Law, provided a final, adverse determination is subsequently made which
				  is appealable by the requestor to the appropriate board.
(b) At the hearing, the respondent or his or
				  her designated representative may admit or deny any allegation made in the
				  notice of hearing. Any matter which has been stipulated to or admitted on the
				  open record by the respondent shall be deemed proven. Failure to respond to any
				  allegation shall be deemed a denial of such allegation, and under no
				  circumstances shall the respondent be compelled to testify. However, the
				  hearing officer may draw a negative inference from the failure to
				  testify.
(c) The order of proof at
				  a hearing shall be determined by the hearing officer. Testimony shall be given
				  under oath or affirmation. The hearing officer, in his or her discretion, may
				  exclude any witnesses, other than a respondent or a representative of the
				  department, if one is present, during other testimony. The hearing officer may
				  also admit any relevant evidence in addition to oral testimony. Any witness may
				  be questioned and/or cross-examined by the hearing officer, by his or her own
				  counsel or representative, and by the party who did not call the
				  witness.
(d) At the conclusion of
				  all proceedings necessary to determine whether the respondent has violated any
				  of the provisions of the Vehicle and Traffic Law or these regulations, the
				  hearing officer must, as provided in section
				  127.10  of
				  this Part, either render or reserve decision. At such time, the hearing officer
				  shall advise the respondent that, for the sole purposes of establishing an
				  appropriate penalty, the respondent may offer any relevant comments or
				  testimony regarding respondent's prior record as provided by or revealed to the
				  hearing officer.
(e) The provisions
				  of sections
				  124.1(b),
				  124.2(b)
				 and
				  124.4(a)
				  through (e)  of this Title shall be applicable
				  to hearings held under section 1194-a  of the Vehicle and Traffic Law
				  relating to a charge of a violation of section 1192-a of such law.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 127 - Safety Hearings › Section 127.6 - Evidence; discovery

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Prior
				  to a hearing, a respondent may make a request to review nonconfidential
				  information in the hearing file including information which is not protected by
				  law from disclosure. If the file has been sent to the hearing officer or is
				  scheduled to be sent within seven days of receipt of a request by the Safety
				  Hearing Bureau, examination of the information will be arranged by the hearing
				  officer. The examination will be scheduled for a time at least five days prior
				  to the hearing unless a shorter time is mutually agreed between the hearing
				  officer and the requestor. If the file has not been sent to the hearing officer
				  and is not scheduled to be sent within seven days of receipt of a request by
				  the Safety Hearing Bureau, the file will be made available for examination at
				  the Safety Hearing Bureau before the usual date scheduled for sending the file
				  to the hearing officer. A respondent may elect to examine the file after it is
				  received by the hearing officer rather than while it is in the custody of the
				  Safety Hearing Bureau. If a request to examine the file is received less than
				  seven days prior to the hearing date, the requestor will be afforded an
				  opportunity to examine the file immediately prior to commencement of the
				  hearing or at an earlier time as may be agreed to in the discretion of the
				  hearing officer.
(b) Rules
				  governing the admissibility of evidence in a court of law are not applicable to
				  hearings held by the department. Evidence which would not be admissible in a
				  court, such as hearsay, is admissible in a departmental hearing. The standard
				  of proof at a hearing shall be the preponderance of the evidence.
(c) The privileges set forth in article 45 of
				  the Civil Practice Law and Rules shall be applicable in hearings conducted
				  pursuant to this Part.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 127 - Safety Hearings › Section 127.8 - Failure to appear; waiver

Current through Register Vol. 46, No. 28, July 10, 2024
Except as provided in section
					 127.9 
					 of this Part, in any case where no adjournment is requested or, if requested,
					 is not granted, the respondent's failure to appear shall be deemed to be a
					 waiver of hearing. Any person who is deemed to have waived a hearing under
					 these circumstances may request a rehearing within a reasonable time, which
					 shall, if such request is granted, be held as soon as is practicable. However,
					 any action taken at the original hearing, or in effect at that time, may be
					 continued pending such rescheduled hearing. No rehearing will be scheduled as a
					 substitute for an appeal pursuant to section
					 127.12  of this
					 Part. Upon a respondent's failure to appear, the referee may receive the
					 testimony of available witnesses and enter evidence into the record. A
					 respondent who has waived a hearing by failing to appear may be suspended
					 pending attendance at an adjourned hearing or a final determination; provided,
					 however, when a respondent is suspended pending hearing pursuant to section 398-f (1)(b)  of the
					 Vehicle and Traffic Law, such suspension shall be terminated upon the
					 respondent's attendance at such hearing.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 127 - Safety Hearings › Section 127.9 - Chemical test refusal hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Chemical test refusal hearings are required to be scheduled by the court which
				  arraigns the respondent on a related charge of a violation of section 1192  of the Vehicle and Traffic Law, but
				  may be scheduled by the department if the court fails to do so. Notwithstanding
				  the fact that such hearings may be held less than seven days from the date on
				  which the respondent is arraigned in court, requests for adjournments of
				  chemical test refusal hearings are governed by section
				  127.7  of
				  this Part.
(b) If no adjournment
				  has been granted, and the respondent fails to appear for a scheduled hearing,
				  the respondent's failure to appear shall be deemed to be a waiver of hearing.
				  Respondent may petition for a rehearing, pursuant to section
				  127.8 
				  of this Part and section 1194-2(c) of the Vehicle and Traffic Law. If such a
				  rehearing is granted, it shall be the responsibility of the respondent to
				  insure the presence of any witness he or she wishes to question or
				  cross-examine.
(c) If the
				  respondent appears for a first scheduled chemical test refusal hearing, and the
				  arresting officer does not appear, the matter will be adjourned and any
				  temporary suspension still in effect shall be terminated. At any subsequent
				  hearing, the hearing officer may make findings of fact and conclusions of law
				  based upon the chemical test refusal report and any other relevant evidence in
				  the record, notwithstanding the police officer' s nonappearance.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 127 - Safety Hearings › Section 127.10 - Decisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The hearing
				  officer may announce his or her decision at the conclusion of the hearing or
				  may reserve decision. A written determination of the case, specifying the
				  findings of fact, conclusions of law and disposition, including any penalty or
				  penalties imposed, shall be sent to the respondent and his or her designated
				  representative by first-class mail.
(b) Except where otherwise specified by
				  statute, the effective date of any penalty or sanction shall be a date
				  established by the hearing officer, which shall in no event be more than 60
				  days from the date of the determination.
(c) If the hearing officer does not render a
				  decision within 45 days of the conclusion of the hearing, the respondent may
				  serve a demand for decision on the hearing officer. Upon receipt of such
				  demand, the hearing officer must render a decision within 45 days, or the
				  charges shall be deemed dismissed.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 127 - Safety Hearings › Section 127.11 - Effect of other laws

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  provisions of the Criminal Procedure Law are not binding upon the conduct of
				  administrative hearings. Except as provided in subdivision (b) of this section
				  and section
				  127.6(b) 
				  of this Part, the provisions of the Civil Practice Law and Rules are not
				  binding upon the conduct of administrative hearings. The provisions of those
				  laws regarding forms of pleading, motion practice, discovery procedures,
				  including demands for bills of particulars, and other matters are not
				  applicable to hearings conducted in accordance with this Part.
(b) The provisions of section 2302  of the
				  Civil Practice Law and Rules, regarding the issuance of subpoenas, are
				  applicable to hearings conducted in accordance with this Part.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 127 - Safety Hearings › Section 127.12 - Appeals

Current through Register Vol. 46, No. 28, July 10, 2024
Any posthearing application to review a finding or a
					 sanction imposed is an appeal and shall be governed by article 3-A or 12-A of
					 the Vehicle and Traffic Law, as appropriate, and Parts 155 and 82 of this
					 Title.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 127 - Safety Hearings › Section 127.13 - Adjudicatory proceedings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This
				  section applies to adjudicatory proceedings conducted pursuant to section 471-a  of the Vehicle and Traffic
				  Law.
(b) Request for a hearing. A
				  request for a hearing shall be in writing and made on a form and in a manner
				  prescribed by the commissioner. The request shall contain a short and plain
				  statement of the facts relied upon by the dealer to support a claim that the
				  franchiser has violated one or more specific provisions of article 17-a of the
				  Vehicle and Traffic Law together with a request for a specific remedy other
				  than damages. The request shall be accompanied by copies of all correspondence
				  between the dealer and the franchiser and other documents relevant to the
				  claims made in the request.
(c)
				  Notice of hearing. The dealer and franchiser shall be given reasonable notice
				  of a hearing. The notice shall include:
(1) a
				  statement of the time, place and nature of the hearing;
(2) the addresses of the dealer and
				  franchiser;
(3) the name and
				  address of the presiding officer assigned to the matter;
(4) a statement of the legal authority and
				  jurisdiction under which the hearing is to be held;
(5) a reference to the particular section of
				  the statutes and rules involved, where possible;
(6) a short and plain statement of the
				  matters asserted by the dealer;
(7)
				  a statement advising the franchiser of the right to submit, within 20 days of
				  receipt of such hearing notice, a short and plain statement of answers to the
				  allegations of the request and of facts on which the franchiser relies in
				  defense of such allegations;
(8) a
				  statement advising the dealer of the right to submit, within 20 days of receipt
				  of the franchiser answering statement an additional statement of facts and
				  documentary material only to the extent of answering new matter raised by the
				  franchiser;
(9) a statement that
				  the dealer or franchiser may be represented by counsel; and
(10) a statement that interpreter services
				  will be made available upon request of a deaf person, at no charge.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 127 - Safety Hearings › Section 127.14 - Non-payment of tolls

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This
				  section applies to hearings related to the failure to pay tolls, fees, or other
				  charges or the failure to have such tolls, fees or other charges dismissed or
				  transferred in response to three (3) or more notices of violation or other
				  process issued within a five (5) year period charging the registrant of a motor
				  vehicle with a violation of toll collection regulations, or to the failure of
				  the registrant of a commercial motor vehicle to pay tolls, fees or other
				  charges in the amount of $200 or more, where all such tolls, fees or other
				  charges are accumulated within a five year period.
(b) Upon receipt from a tolling authority, in
				  such form and manner as the Commissioner shall prescribe, that :
(i) the registrant of a motor vehi- cle has
				  failed to pay tolls, fees, or other charges or failed to have such tolls, fees
				  or other charges dismissed or transferred in response to three (3) or more
				  notices of violation or other process issued within a five (5) year period,
				  arising out of violations resulting from toll transactions not occurring on the
				  same day, or
(ii) that the
				  registrant of a commercial motor vehicle has failed to pay tolls, fees or other
				  charges in the amount of $200 or more, where all such tolls, fees or other
				  charges are accumulated within a five year period, the Commis- sioner shall
				  issue a proposed suspension of such person's registration. Such person shall be
				  advised of the right to request a hearing before an administrative law judge,
				  prior to such proposed suspension taking effect.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter J - Driver Rehabilitation Programs › Part 131 - Point System › Section 131.1 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
Paragraph (d) of subdivision 3 of section 510  of the Vehicle and Traffic Law provides
					 that a license, registration or privilege of operating may be suspended or
					 revoked for habitual or persistent violation of any of the provisions of the
					 Vehicle and Traffic Law or of any lawful ordinance, rule or regulation made by
					 local authorities in relation to traffic. Section 523-a  of the Vehicle and Traffic Law
					 provides that the commissioner shall establish criteria, based on driving
					 record, for requiring attendance at a driver improvement clinic. The following
					 criteria are established to identify driving records which shall be
					 presumptively deemed to constitute habitual or persistent violation of traffic
					 laws under such statutory provisions.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter J - Driver Rehabilitation Programs › Part 131 - Point System › Section 131.2 - Point system

Current through Register Vol. 46, No. 28, July 10, 2024
Every violation of the Vehicle and Traffic Law or of any
					 local law, ordinance, rule or regulation may be assigned a point value by the
					 commissioner. The point value assigned to such violation shall be added to the
					 violator's driving record upon receipt by the commissioner of a certificate of
					 conviction or a certificate of bail forfeiture. Administrative action shall be
					 taken by the commissioner based upon a motorist's point total as specified in
					 this Part.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter J - Driver Rehabilitation Programs › Part 131 - Point System › Section 131.3 - Point values

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All traffic
				  violations shall be assigned a point value of two points, except as otherwise
				  prescribed in subdivision (b) of this section.
(b)
(1) The
				  following violations shall be assigned a point value of 11 points:
(i) any violation involving speeding more
				  than 40 miles per hour over the speed limit.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter J - Driver Rehabilitation Programs › Part 131 - Point System › Section 131.4 - Administrative action

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A motorist
				  may be mailed a letter advising him of the status of his driving record and any
				  possible future action which may be taken in the event of his accumulation of
				  additional points when a motorist has accumulated between four and six points
				  within an 18-month period.
(b) A
				  motorist may be required to attend a driver improvement clinic when he has
				  accumulated between 7 and 10 points within an 18-month period. Failure to
				  attend a driver improvement clinic when required may result in the suspension
				  of the motorist's license as prescribed in Part 132 of this Title.
(c) A motorist may be required to attend a
				  formal hearing to investigate habitual or persistent violation of the
				  provisions of the Vehicle and Traffic Law or of any lawful ordinance, rule or
				  regulation made by local authorities in relation to traffic at which suspension
				  or revocation action may be taken against his license when he has accumulated:
(1) eleven or more points within an 18-month
				  period;
(2) nine or more points
				  resulting from speeding violations within an 18-month period; or
(3) four or more additional points within a
				  12-month period after having attended a formal hearing.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter J - Driver Rehabilitation Programs › Part 131 - Point System › Section 131.5 - Point reduction

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon
				  receipt of a notice from a motor vehicle accident prevention course approved by
				  the commissioner that a person has satisfactorily completed such course, the
				  department shall reduce a total of up to four points on such person's driving
				  record. Such credit shall be considered in computing the total points
				  accumulated by such person as a result of violations which occurred prior to,
				  and within 18 months preceding, the completion of such course. Such credit will
				  not affect any suspension or revocation action which has already been placed in
				  effect against such person at or prior to the time the notice has been recorded
				  on the person's driving record.
(b)
				  No person can receive a point reduction more than once in any 18-month
				  period.
(c) Entry into an approved
				  motor vehicle accident prevention program is voluntary on the part of the
				  motorist, and any charge for such program is in the discretion of the delivery
				  agency administering the course.
(d) The approved sponsoring agency shall pay
				  to the department a fee as provided in Part 138 of this Title for the recording
				  of a notice of successful completion of a motor vehicle accident prevention
				  course and administrative costs relating thereto.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter J - Driver Rehabilitation Programs › Part 131 - Point System › Section 131.6 - Exclusiveness of procedure

Current through Register Vol. 46, No. 28, July 10, 2024
The point system, including provisions for point reduction,
					 established by this Part applies only to administrative action taken under the
					 provisions of law specified in section
					 131.1  of
					 this Part. It in no way affects any administrative action taken under any other
					 provision of the Vehicle and Traffic Law.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter J - Driver Rehabilitation Programs › Part 132 - Dangerous Repeat Alcohol Or Drug Offenders › Section 132.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Alcohol- or
				  drug-related driving conviction or incident means any of the following, not
				  arising out of the same incident:
(1) a
				  conviction of a violation of section 1192  of the Vehicle and Traffic
				  Law;
(2) a finding of a violation
				  of section 1192-a  of the Vehicle and Traffic Law;
				  provided, however, that no such finding shall be considered after the
				  expiration of the retention period contained in paragraph (k) of subdivision 1
				  of section 201  of the Vehicle and Traffic
				  Law;
(3) a conviction of an offense
				  under the Penal Law for which a violation of section 1192  of the Vehicle and Traffic Law is an
				  essential element; or
(4) a finding
				  of refusal to submit to a chemical test under section 1194  of the Vehicle and Traffic
				  Law.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter J - Driver Rehabilitation Programs › Part 132 - Dangerous Repeat Alcohol Or Drug Offenders › Section 132.2 - Lifetime record review

Current through Register Vol. 46, No. 28, July 10, 2024
Upon receipt of notice of a driver's conviction for a
					 high-point driving violation, the commissioner shall conduct a review of the
					 lifetime driving record of the person convicted. If such review indicates that
					 the person convicted is a dangerous repeat alcohol or drug offender, the
					 commissioner shall issue a proposed revocation of such person's driver license.
					 Such person shall be advised of the right to request a hearing before an
					 administrative law judge, prior to such proposed revocation taking effect. The
					 provisions of Part 127 of this Title shall be applicable to any such
					 hearing.
New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter J - Driver Rehabilitation Programs › Part 132 - Dangerous Repeat Alcohol Or Drug Offenders › Section 132.3 - Hearings

Current through Register Vol. 46, No. 28, July 10, 2024
The sole purpose of a hearing scheduled pursuant to this
					 Part is to determine whether there exist unusual, extenuating and compelling
					 circumstances to warrant a finding that the revocation proposed by the
					 commissioner should not take effect. In making such a determination, the
					 administrative law judge shall take into account a driver's entire driving
					 record. Unless the administrative law judge finds that such unusual,
					 extenuating and compelling circumstances exist, the judge shall issue an order
					 confirming the revocation proposed by the commissioner.