N.Y. Comp. Codes R. & Regs. tit. 8 § 582.9

Current through Register Vol. 46, No. 50, December 11, 2024

Section 582.9 - Adjudicatory procedure

Violations of this Part shall be determined in accordance with the following procedure:

(a) A complaint regarding any violation of this Part shall be in writing reciting the time and place of the violation and the title, number, and substance of the applicable regulation.

(1) The complaint shall be subscribed by the officer witnessing the violation and shall be served upon the alleged violator or attached to the vehicle involved.

(2) The complaint shall indicate the amount of fine assessable for the violation and shall state that if the person charged does not request a hearing on the violation prescribed herein, the fine shall be paid at the department of public safety or such place as may be designated on the complaint, within five calendar days after the service of the complaint.

(3) The complaint shall recite that if the fine has not been paid, a hearing may be requested within 72 hours after service of the charges by such alleged violator appearing in person or responding in writing to the department of public safety, or such other place as may be designated on the complaint.

(4) The complaint shall recite that if the alleged violator fails to appear at the time and place fixed for the hearing, or should no hearing be requested as provided herein, an appropriate penalty shall be imposed based upon the violation alleged.

(b) The chief administrative officer shall designate a hearing officer or board, the membership of which shall not exceed three persons, to hear complaints for violation(s) of this Part. Such hearing officer or board shall not be bound by the rules of evidence, but may hear or receive any testimony or evidence which is, in the discretion of such officer or board, directly relevant and material to the issues presented.

(c) At the conclusion of the hearing, or not later than five days thereafter, such hearing officer or board shall file a report in its official records and shall transmit a notice of decision to the alleged violator. Such report for the official records of the hearing officer or board shall include:

(1) the name and address of the alleged violator;

(2) the time and place where the complaint was issued;

(3) the regulation(s) violated;

(4) a concise statement of the facts established on the hearing based upon the testimony or other evidence presented;

(5) the time and place of the hearing;

(6) the names of all witnesses;

(7) each adjournment, if any, stating upon whose application and to what time and place it was made; and

(8) the decision (guilty or not guilty) of the hearing officer or board.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 582.9