N.Y. Comp. Codes R. & Regs. tit. 15 § 124.10

Current through Register Vol. 46, No. 45, November 2, 2024

Section 124.10 - Request for a rescheduled hearing

(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.

(2) On the date of hearing. When a motorist or his or her representative wishes to reschedule a hearing on the date of the scheduled hearing, the motorist or his or her representative must make such request before an administrative law judge at the hearing office where the hearing will be held; provided however, should the motorist or his or her representative appear on the date of the hearing at a hearing office other than the office at which the hearing is scheduled to be held, a senior administrative law judge may, in his or her discretion, grant a rescheduled hearing. All requests for a rescheduled hearing made on the date of the hearing shall only be granted for good cause shown.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 124.10