N.Y. Vehicle & Traffic Law § 227: Hearings; determinations

§ 227. Hearings; determinations. 1. Every hearing for the adjudication

of a traffic infraction, as provided by this article, shall be held

before a hearing officer appointed by the commissioner. The burden of

proof shall be upon the people, and no charge may be established except

by clear and convincing evidence. The commissioner may prescribe, by

rule or regulation, the procedures for the conduct of such hearings.

2. In any case wherein the people are not ready for the hearing on the

scheduled hearing date, the hearing officer may order a dismissal of the

charge or the adjournment of the hearing to a subsequent time. In any

case wherein the people are not ready for the hearing at an ordered

adjourned time and do not provide a minimum of seven days' notice to the

department after having been not ready for a hearing on the charge for

any reason previously, the charge shall be dismissed unless the hearing

officer determines that a substantial traffic safety hazard would result

from the dismissal. The commissioner shall promulgate regulations

concerning the adjournment of hearings which may permit the dismissal of

cases by a hearing officer for reasons not prescribed herein.

3. After due consideration of the evidence and arguments offered in a

contested case, the hearing officer shall determine whether the charges

have been established. Where the charges have not been established, an

order dismissing the charges shall be entered. Where a determination is

made that a charge has been established, either in a contested case or

in an uncontested case where there is an appearance before a hearing

officer, or if an answer admitting the charge otherwise has been

received, an appropriate order shall be entered in the department's

records.

4. a. An order entered upon the failure to answer or appear or after

the receipt of an answer admitting the charge or where a determination

is made that the charge has been established shall be civil in nature,

but shall be treated as a conviction for the purposes of this chapter.

The commissioner or his designee may include in such order an imposition

of any penalty authorized by any provision of this chapter for a

conviction of such violation, except that no penalty therefore shall

include imprisonment, nor, if monetary, exceed the amount of the fine

which could have been imposed had the charge been heard by a court. If

the charge involves a violation of section three hundred eighty-five of

this chapter, the driver's license or privileges may be suspended

pending the payment of any penalty so imposed, or, if the charge

involves a violation of section three hundred eighty-five of this

chapter by a registrant who was not the operator of the vehicle, the

registration of such vehicle or privilege of operation of any motor

vehicle owned by such registrant may be suspended pending the payment of

any penalty so imposed. Any suspension issued pursuant to this paragraph

shall be subject to the provisions of paragraph (j-1) of subdivision two

of section five hundred three of this chapter.

b. Unpaid fines may be recovered by the commissioner in a civil action

in the name of the commissioner. In addition, as an alternative to such

civil action, and provided that no appeal is pending, the commissioner

may file with the county clerk of the county in which the person resides

a final order of the commissioner containing the amount of the fine or

fines. The filing of such final order shall have the full force and

effect of a judgment duly docketed in the office of such clerk and may

be enforced in the same manner and with the same effect as that provided

by law in respect to execution issued against property upon judgments of

a court of record. No such civil action shall be commenced nor shall

such final order be filed until at least thirty days after the

department has posted by ordinary mail to the person at the address of

such person on file with the department or at the current address

provided by the United States postal service notice of the amount of

such fine or fines and that such fine or fines are due and owing.

* 5. All penalties and forfeited security collected pursuant to the

provisions of this article shall be paid to the department of audit and

control to the credit of the justice court fund and shall be subject to

the applicable provisions of section eighteen hundred three of this

chapter. After such audit as shall reasonably be required by the

comptroller, such penalties and forfeited security shall be paid

quarterly or, in the discretion of the comptroller, monthly, to the

appropriate jurisdiction in which the violation occurred in accordance

with the provisions of section ninety-nine-a of the state finance law,

except that the sum of four dollars for each violation occurring in such

jurisdiction for which a complaint has been filed with the

administrative tribunal established pursuant to this article shall be

retained by the state. Notwithstanding any law to the contrary an

additional annual sum of three million dollars collected from fines and

assessed to the city of New York, shall be deposited into the general

fund. Provided, however, that if the full costs of administering this

article shall exceed the amounts received and retained by the state for

any period specified by the commissioner, then such additional sums as

shall be required to offset such costs shall be retained by the state

out of the penalties and forfeited security collected pursuant to this

article.

* NB Effective until April 1, 2019

* 5. All penalties and forfeited security collected pursuant to the

provisions of this article shall be paid to the department of audit and

control to the credit of the justice court fund and shall be subject to

the applicable provisions of section eighteen hundred three of this

chapter. After such audit as shall reasonably be required by the

comptroller, such penalties and forfeited security shall be paid

quarterly or, in the discretion of the comptroller, monthly, to the

appropriate jurisdiction in which the violation occurred in accordance

with the provisions of section ninety-nine-a of the state finance law,

except that the sum of four dollars for each violation occurring in such

jurisdiction for which a complaint has been filed with the

administrative tribunal established pursuant to this article shall be

retained by the state. Provided, however, that if the full costs of

administering this article shall exceed the amounts received and

retained by the state for any period specified by the commissioner, then

such additional sums as shall be required to offset such costs shall be

retained by the state out of the penalties and forfeited security

collected pursuant to this article.

* NB Effective April 1, 2019

6. Unless a hearing officer shall determine that a substantial traffic

safety hazard would result therefrom, he shall, pursuant to the

regulations of the commissioner, delay for a period of thirty days the

effective date of any suspension or revocation of a drivers license or

vehicle registration imposed after a hearing pursuant to this article,

unless such suspension was imposed because of the failure to pay a

monetary penalty. Provided, however, the commissioner's regulations may

provide for the immediate surrender of any item to be suspended or

revoked and the issuance of appropriate temporary documentation to be

used during such thirty day period.