N.Y. Vehicle & Traffic Law § 241-a: Complaint procedure for satisfied or wrongfully imposed fine or penalty

§ 241-a. Complaint procedure for satisfied or wrongfully imposed fine

or penalty. 1. (a) Every city with a population of more than one million

inhabitants that has established a parking violations bureau shall

establish, within such bureau, a properly staffed complaint unit of

public service representatives to respond to complaints from any person

who, after having satisfied, by payment, adjudication, or administrative

action, any fine or penalty for a parking violation or after having

proven that a fine or penalty was wrongfully imposed on this person,

receives a demand for payment of the fine or penalty previously

satisfied or wrongfully imposed, or is denied any registration or

renewal application by the department of motor vehicles upon a

certification from such parking violations bureau based upon lack of

payment of any fine or penalty previously satisfied or wrongfully

imposed. The complaint unit established under this section shall accept

complaints either in person or by certified mail, return receipt

requested. Each written demand for payment, other than the first demand

following issuance of the notice of violation, shall advise the

addressee of the existence of the complaint unit and the procedure for

submitting a complaint. Upon receipt of a complaint, if in person, or

within ten work days after receipt of a complaint if by mail, the

complaint unit shall acknowledge receipt in writing and notify the

complainant of the procedure for further review. The complaint unit

shall, within thirty days after receiving a complaint in person or by

certified mail supported by the proof prescribed by this section, notify

the complainant that the payment has been credited to his or her record;

that the wrongful imposition has been removed from the complainant's

record; or that the information sent to the bureau fails to prove that

the fine or penalty was satisfied or that the imposition was wrongful,

in which case the reason or reasons shall be set forth.

(b) If, after this thirty day period, the bureau continues to demand

payment from this person of the fine or penalty previously satisfied or

wrongfully imposed, or if the bureau does not render a determination,

the person within six months from the date of his or her complaint shall

have the right to an expedited review before a panel of three

administrative law judges. Such panel shall be empowered to compel the

bureau to produce records and other evidence relevant and material to

the complaint. The complainant shall be required to submit, together

with his or her request for a review, a copy of all the materials

submitted with the original complaint. The panel of administrative law

judges shall be empowered to direct that the bureau's records be

changed, as appropriate, to insure that no further demand is made for

the fine or penalty previously satisfied or wrongfully imposed, and the

bureau shall comply with such directive. Further, the panel of

administrative law judges, upon petition by the complainant, may at its

sole discretion, direct the parking violations bureau to pay the

complainant who receives a wrongfully imposed fine or has previously

satisfied an outstanding fine such out-of-pocket expenses as the panel

deems reasonable only in such cases where the complainant sufficiently

demonstrates that he or she has notified the bureau of his or her

complaint under this section and the bureau has failed, in the panel's

opinion, to remove the wrongfully imposed fine or the previously

satisfied fine; however, payment of such expenses shall not exceed the

amount of the original fine.

(c) Any other city authorized to establish a parking violations bureau

may create a panel to resolve complaints relating to satisfied penalties

and wrongfully imposed penalties. The composition of such a panel shall

be determined by local option.

2. This section shall not apply to parking violation fines or

penalties relating to commercial, taxi, common or contract carriers or

livery vehicles.

3. In cities required to create a review panel under this section, the

parking violations bureau shall keep a record of all complaints

submitted under this section for a minimum of three years, and shall

issue a public report every year containing the number of complaints

heard each year according to category, the number of dispositions

favorable to complainants, the average compensation awarded in such

favorable dispositions, and any other appropriate information. Such

information shall also be published annually and placed in the municipal

reference library, in such cities where applicable.

4. The proof that must be submitted in connection with a complaint

made under this section is, as appropriate, a copy of the receipt, money

order or front and back of cancelled check; a copy of a police report of

stolen vehicle or stolen or lost plates or proof of an insurance company

payment for a stolen vehicle, or a department of motor vehicles receipt

for surrendered plates. As used in this section, a "wrongfully imposed"

fine or penalty shall mean a fine or penalty which is imposed after the

respective vehicle has been stolen or after the license plates were

stolen, lost or surrendered to the department of motor vehicles.

5. Every such parking violations bureau shall adopt and promulgate

rules and regulations not inconsistent with any applicable provision of

law, to carry out the purposes of this section.