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 127.7 - Adjournments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Adjournments of
				  hearings may only be granted by the hearing officer responsible for the
				  particular hearing, or by the Safety Hearing Bureau or the Division of Vehicle
				  Safety, as appropriate.
(b) It is
				  the department's general policy to grant a request for adjournment for good
				  cause if such request is received at least seven days prior to the scheduled
				  date of hearing and if no prior requests for adjournment have been made.
				  Notwithstanding this policy, requests for adjournments made more than seven
				  days prior to hearing may be denied by the hearing officer, or supervisor of
				  the hearing officer or by the Safety Hearing Bureau or Division of Vehicle
				  Safety, in their discretion. Grounds for such a denial include, but are not
				  limited to, such a request being a second or subsequent request for
				  adjournment, or where there is reason to believe such request is merely an
				  attempt to delay the holding of a hearing, or where an adjournment will
				  significantly affect the availability of other witnesses scheduled to
				  testify.
(c) Any motorist or
				  designated representative requesting an adjournment should obtain the name and
				  title of the person granting such request. This information will be required in
				  the event of any dispute as to whether an adjournment was in fact granted. Any
				  request which is not specifically granted shall be deemed denied.
(d) Requests for adjournments within seven
				  days of a scheduled hearing must be made directly to the hearing officer. Such
				  requests will generally not be granted.
(e)
(1)
				  Except as provided for in paragraphs (2) and (3) of this subdivision, in any
				  case where an adjournment is granted, any suspension or revocation of a
				  license, permit or privilege already in effect may be continued pending the
				  adjourned hearing. In addition, in the event no such action is in effect, a
				  temporary suspension of such license, permit or privilege may be imposed at the
				  time the adjournment is granted provided that the records of the department or
				  the evidence already admitted furnishes reasonable grounds to believe such
				  suspension is necessary to prevent continuing violations or a substantial
				  traffic safety hazard.
(2)
				  Adjournment of a chemical test refusal hearings held pursuant to Vehicle and
				  Traffic Law, section 1194. W here an adjournment of a chemical test refusal
				  hearing is granted at the request of the respondent, any suspension of a
				  respondent's license, permit or privilege already in effect shall be continued
				  pending the adjourned hearing. In addition, in the event no such suspension is
				  in effect when the adjournment is granted, a temporary suspension of such
				  license, permit or privilege shall be imposed and shall take effect on the date
				  of the originally scheduled hearing. Such suspension shall not be continued or
				  imposed if the hearing officer affirmatively finds, on the record, that there
				  is no reason to believe that the respondent poses a substantial traffic safety
				  hazard and sets forth the basis for that finding on the record.
(3) Continuance of a chemical test refusal
				  hearing held pursuant to Vehicle and Traffic Law, section 1194. I f a chemical
				  test refusal hearing is continued at the discretion of the hearing officer, in
				  order to complete testimony, to subpoena witnesses or for any other reason, and
				  if the respondent's license, permit or privilege was suspended pending such
				  hearing, such suspension shall remain in effect pending the continued hearing
				  unless the hearing officer affirmatively finds, on the record, that there is no
				  reason to believe that the respondent poses a substantial traffic safety hazard
				  and sets forth the basis for that finding on the record. If respondent's
				  license, permit or privilege was not suspended pending the hearing, the hearing
				  officer may suspend such license, permit or privilege, based upon the testimony
				  provided and evidence submitted at such hearing, if the hearing officer
				  affirmatively finds on the record that there is reason to believe that the
				  respondent poses a substantial traffic safety hazard and sets forth the basis
				  for that finding on the record.
(4)
				  In addition to any grounds for suspension authorized pursuant to paragraphs (2)
				  and (3) of this subdivision, a hearing officer must impose a suspension or
				  continue a suspension of a respondent's driver's license, pursuant to
				  paragraphs (2) and (3) of this subdivision, if the respondent's record
				  indicates that:
(i) The person has been
				  convicted of homicide, assault, criminal negligence or criminally negligent
				  homicide arising out of the operation of a motor vehicle.
(ii) The person has two or more revocations
				  and/or suspensions of his driver's license within the last three years, other
				  than a suspension that may be terminated by performance of an act by the
				  person.
(iii) The person has been
				  convicted more than once of reckless driving within the last three
				  years.
(iv) The person has three or
				  more alcohol-related incidents within the last 10 years, including any
				  conviction of Vehicle and Traffic Law, section
				  1192, any finding of a violation of section
				  1192-a of such law, and a refusal to submit to a chemical test. If a refusal
				  that arises out of the same incident as a section 1192 conviction, this shall
				  count as one incident.