N.Y. Comp. Codes R. & Regs. tit. 17 § 505.2

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

Section 505.2 - Definitions

Whenever used in this Part, unless otherwise expressly stated, or unless the context or subject matter requires a different meaning, the following terms shall have the respective meanings hereinafter set forth or indicated:

(a) Commissioner means the Commissioner of Transportation of the State of New York.

(b) Department means the Department of Transportation of the State of New York.

(c) Hearing means an oral proceeding where testimony is taken under oath and a record is kept.

(d) Notice of violation means a notice issued, pursuant to section 145 (3) of the Transportation Law, to and against an alleged violator of the Transportation Law, or the rules, regulations or orders promulgated pursuant thereto.

(e) Party means the department and persons designated as petitioner, respondent or intervener in any civil administrative enforcement proceeding subject to this Part.

(f) Presiding officer means the person or persons duly designated by the commissioner as his representative for the purpose of conducting a proceeding pursuant to section 145 of the Transportation Law.

(g) Proceeding, for the purpose of this Part, means an action or proceeding instituted by service of the notice of violation.

(h) Respondent means the party charged with one or more violations of the Transportation Law, the rules, regulations or orders promulgated pursuant thereto, in a civil administrative enforcement proceeding subject to this Part.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 505.2