N.Y. Comp. Codes R. & Regs. tit. 15 § 127.7

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

Section 127.7 - Adjournments

(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.

(f) Adjournments of hearings held under section 1194-a of the Vehicle and Traffic Law.

(1) Adjournments of hearings may only be granted by the hearing officer responsible for the particular hearing, by a supervisor of such hearing officer or by the Safety Hearing Bureau.

(2) 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 office or by the Safety Hearing Bureau. 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.

(3) 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.

(4) 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, unless the initial hearing was scheduled less than seven days from the date on which respondent was first notified of the hearing by the police officer.

(5) A temporary suspension of a license, permit or privilege may be imposed at the time a second or subsequent adjournment requested by the respondent 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.

(6) Unless an adjournment has been granted, upon the respondent's failure to appear for a scheduled hearing, the commissioner shall suspend the license or permit to drive or nonresident operating privilege until the respondent petitions and a rescheduled hearing is conducted. If the rescheduled hearing is adjourned at the request of a person other than the respondent, the respondent's license or privilege shall be restored by the commissioner.

(7) If a police officer does not appear for a hearing, the hearing officer shall have the authority to dismiss the charge. A respondent shall have the right to waive a hearing.

(8) If the respondent fails to appear at a hearing, the hearing shall be rescheduled and no testimony shall be taken in the respondent's absence.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 127.7