New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter J - Driver Rehabilitation Programs › Part 139 - Chemical Test Refusals › Section 139.4 - Provisions applicable to the department of motor vehicles

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commissioner shall provide to all
				  magistrates, in advance, a schedule of hearing dates and locations and forms
				  necessary to carry out the provisions of this Part.
(b) Time of hearing. The refusal hearing
				  shall commence at the place provided in the notice of hearing form and as close
				  as practicable to the designated time. If the hearing cannot be commenced due
				  to the absence of a hearing officer or the unavailability of the planned
				  hearing site, it will be rescheduled by the department, with notice to the
				  police officer and person accused of the refusal. Adjournment requests for
				  hearings held pursuant to section 1194  of the Vehicle and Traffic Law shall
				  be considered in accordance with sections
				  127.7 and
				  127.9 
				  of this Title. All other requests for adjournments shall be addressed to the
				  hearing officer, who may order a temporary suspension of the license, permit,
				  nonresident operating privilege, or privilege of operating a vessel or
				  snowmobile pursuant to law and Part 127 of this Title.
(c) Waiver of hearing. A person may waive, in
				  writing, the right to a chemical test refusal hearing. Any such waiver shall
				  constitute an admission that a chemical test refusal occurred as contemplated
				  by section 1194  of the Vehicle and Traffic Law,
				  section 25.24  of the Parks, Recreation and Historic Preservation Law, or
				  section 49-a  of the Navigation Law, as the case may
				  be, and such waiver shall result in administrative sanctions provided by law
				  for the chemical test refusal. Failure to appear at a scheduled hearing shall
				  also constitute a waiver; however, the person who failed to appear may make a
				  written request to the commissioner for a rescheduled hearing to be held as
				  soon as practicable in accordance with section
				  127.8 
				  of this Title.
(d) Civil penalty.
				  Any person whose license, permit, nonresident operating privilege has been
				  revoked, or whose privilege to operate a vessel or snowmobile has been
				  suspended, for refusal to submit to a chemical test shall be liable for payment
				  of a civil penalty as provided by law. No new license, permit or privilege
				  (other than a conditional license, permit or privilege issued pursuant to Part
				  134 of this Title) shall be issued, or restored, until such civil penalty has
				  been paid.
(e) Notice to the
				  Commissioner of Parks, Recreation and Historic Preservation. The commissioner
				  shall notify the Commissioner of Parks, Recreation and Historic Preservation of
				  any suspension of a person's vessel or snowmobile operating privilege as the
				  result of a hearing or waiver of hearing, and of any restoration of the
				  privilege following such suspension, and of a reversal on appeal of any such
				  suspension.