N.Y. Comp. Codes R. & Regs. tit. 15 § 124.9

Current through Register Vol. 46, No. 25, June 18, 2024

Section 124.9 - Police officer's failure to appear for hearing

(a) If the police officer does not appear for a hearing without providing at least seven days notice to the bureau, the charge shall be dismissed, unless such failure to appear was the result of:

(1) a death in the police officer's family;

(2) illness or injury of the police officer;

(3) the police officer being required to immediately respond to a crime or violation;

(4) a conflicting court appearance by the police officer; or

(5) a police emergency.

(b) In addition to the provisions of subdivision (a) of this section, no charge shall be dismissed based upon the first failure of the police officer to appear for a hearing if the charge is one for which the motorist is required to personally appear pursuant to section 123.5 of this Title.

(c) In unusual or exceptional circumstances, the administrative law judge may vary the procedures provided for in subdivision (a) or (b) of this section.

(d) If a hearing has been adjourned for one of the reasons specified in subdivision (a) or (b) of this section, and the police officer fails to appear for such adjourned hearing without providing at least seven days notice to the bureau, the provisions of subdivisions (a) and (b) of this section shall not apply, and such charge shall be dismissed, unless the administrative law judge determines that a substantial traffic safety hazard would result from the dismissal.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 124.9