N.Y. Comp. Codes R. & Regs. tit. 15 § 172.5

Current through Register Vol. 46, No. 43, October 23, 2024

Section 172.5 - Suspension or withdrawal of approval

(a) Counties must comply with the provisions of article 43-A of the Vehicle and Traffic Law and these regulations. The chief executive officer of those counties which do not so comply shall be notified of such failure with a written notice of noncompliance. Upon the county's failure to comply, the commissioner may, in his or her discretion, issue either a notice of suspension of approval or a notice of withdrawal of approval.

(b) A notice of suspension of approval shall have the following effect:

(1) the county or municipality shall immediately cease making any and all expenditures from STOP-DWI accounts;

(2) the distribution of monies to county or municipal STOP-DWI accounts pursuant to section 1678-a of the Vehicle and Traffic Law shall immediately cease. Such monies shall be retained until the Commissioner of Motor Vehicles either rescinds the notice of suspension of approval, or withdraws program approval;

(3) such suspension of approval shall remain in effect until the Commissioner of Motor Vehicles either rescinds the notice of suspension of approval or withdraws program approval; and

(4) upon rescission of a notice of suspension of approval, all monies which have been retained pursuant to paragraph (2) of this subdivision shall be returned to the county STOP-DWI account.

(c) Notice of withdrawal of program approval shall mean that any program which is the subject of such notice shall be deemed to have ceased as of the date of such notice and shall be subject to the provisions of section 172.8 of this Part.

(d) Copies of notices of suspension or withdrawal of program approval issued by the commissioner pursuant to this section shall be forwarded to the Office of the State Comptroller and the Office of Court Administration.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 172.5