N.Y. Pub. Auth. Law § 1209-a

§ 1209-a. Transit adjudication bureau. 1. Establishment. There is\nhereby created in the authority a transit adjudication bureau. The head\nof such bureau shall be the executive director, who shall be appointed\nby the president of the authority. The executive director may delegate\nthe powers and duties conferred upon the executive director by this\nsection to such qualified officers and employees of the bureau as he may\ndesignate.\n 2. Hearing officers. The president of the authority shall appoint\nhearing officers who shall preside at hearings for the adjudication of\ncharges of transit infractions, as hereinafter defined and the\nadjudication of allegations of liability for violations of the rules and\nregulations of the triborough bridge and tunnel authority in accordance\nwith section two thousand nine hundred eighty-five of this chapter, and\nwho, as provided below, may be designated to serve on the appeals board\nof the bureau. Every hearing officer shall have been admitted to the\npractice of law in this state for a period of at least three years, and\nshall be compensated for his services on a per diem basis determined by\nthe bureau.\n 3. Jurisdiction. The bureau shall have, with respect to acts or\nincidents in or on the transit facilities of the authority committed by\nor involving persons who are sixteen years of age or over, and with\nrespect to violation of toll collection regulations of the triborough\nbridge and tunnel authority as described in section two thousand nine\nhundred eighty-five of this chapter, non-exclusive jurisdiction over\nviolations of: (a) the rules which may from time to time be established\nby the authority under subdivision five-a of section twelve hundred four\nof this chapter; (b) article one hundred thirty-nine of the health code\nof the city of New York, as it may be amended from time to time,\nrelating to public transportation facilities; and (c) article four of\nthe noise control code of the city of New York, as it may be amended\nfrom time to time, insofar as it pertains to sound reproduction devices;\nand (d) the rules and regulations which may from time to time be\nestablished by the triborough bridge and tunnel authority in accordance\nwith the provisions of section two thousand nine hundred eighty-five of\nthis chapter. Matters within the jurisdiction of the bureau except\nviolations of the rules and regulations of the triborough bridge and\ntunnel authority shall be known for purposes of this section as transit\ninfractions. Nothing herein shall be construed to divest jurisdiction\nfrom any court now having jurisdiction over any criminal charge or\ntraffic infraction relating to any act committed in a transit or toll\nfacility, or to impair the ability of a police officer to conduct a\nlawful search of a person in a transit facility. The criminal court of\nthe city of New York shall continue to have jurisdiction over any\ncriminal charge or traffic infraction brought for violation of the rules\nof the authority or the triborough bridge and tunnel authority, as well\nas jurisdiction relating to any act which may constitute a crime or an\noffense under any law of the state of New York or any municipality or\npolitical subdivision thereof and which may also constitute a violation\nof such rules. The bureau shall have concurrent jurisdiction with the\nenvironmental control board and the administrative tribunal of the\ndepartment of health over the aforesaid provisions of the health code\nand noise control code of the city of New York.\n 4. General powers. The bureau shall have the following functions,\npowers and duties:\n a. To accept pleas (whether made in person or by mail) to, and to hear\nand determine, charges of transit infractions and allegations of civil\nliability pursuant to section two thousand nine hundred eighty-five of\nthis chapter within its jurisdiction;\n b. To impose civil penalties not to exceed a total of one hundred\nfifty dollars for any transit infraction within its jurisdiction, in\naccordance with a penalty schedule established by the authority except\nthat penalties for violations of the health code of the city of New York\nshall be in accordance with the penalties established for such\nviolations by the board of health of the city of New York, and penalties\nfor violations of the noise code of the city of New York shall be in\naccordance with the penalties established for such violations by law,\nand civil penalties for violations of the rules and regulations of the\ntriborough bridge and tunnel authority shall be in accordance with the\npenalties established for such violations by section two thousand nine\nhundred eighty-five of this chapter;\n c. In its sole discretion, to suspend or forgive penalties or any\nportion of penalties imposed on the condition that the respondent\nvoluntarily agrees to perform and actually does satisfactorily perform\nunpaid services on transit facilities as assigned by the authority, such\nas, without limitation, cleaning of rolling stock;\n d. To adopt, amend and rescind rules and regulations not inconsistent\nwith any applicable provision of law to carry out the purposes of this\nsection, including but not limited to rules and regulations prescribing\nthe internal procedures and organization of the bureau, the manner and\ntime of entering pleas, the conduct of hearings, and the amount and\nmanner of payment of penalties;\n e. To enter judgments and enforce them, without court proceedings, in\nthe same manner as the enforcement of money judgments in civil actions,\nas provided below;\n f. To compile and maintain complete and accurate records relating to\nall charges and dispositions, which records shall be deemed exempt from\ndisclosure under the freedom of information law as records compiled for\nlaw enforcement purposes;\n g. To apply to a court of competent jurisdiction for enforcement of\nany decision or order issued by such bureau or of any subpoena issued by\na hearing officer as provided in paragraph d of subdivision seven of\nthis section;\n h. To enter into contracts with other government agencies, with\nprivate organizations, or with individuals to undertake on its behalf\nsuch functions as data processing, debt collections, mailing, and\ngeneral administration, as the executive director deems appropriate,\nexcept that the conduct by hearing officers of hearings and of appeals\nmay not be performed by outside contractors;\n i. To accept payment of penalties and to remit same to the authority;\nand\n j. To adjudicate the liability of motor vehicle owners for violations\nof rules and regulations established in accordance with the provisions\nof section two thousand nine hundred eighty-five of this chapter.\n 5. Notices of violation. The bureau shall prepare and distribute\nnotices of violation in blank to the transit police and any other person\nempowered by law, rule and regulation to serve such notices. The form\nand wording of the notice of violation shall be prescribed by the\nexecutive director, and it may be the same as any other notice of\nviolation or summons form already in use if said form meets the\nrequirements hereof. The notice of violation may include provisions to\nrecord information which will facilitate the identification and location\nof respondents, including but not limited to name, address, telephone\nnumbers, date of birth, social security number if otherwise permitted by\nlaw, place of employment or school, and name and address of parents or\nguardian if a minor. Notices of violation shall be issued only to\npersons who are sixteen years of age or over, and shall be served by\ndelivering the notice within the state to the person to be served. A\ncopy of each notice of violation served hereunder shall be filed and\nretained by said bureau, and shall be deemed a record kept in the\nordinary course of business, and, if sworn to or affirmed, shall be\nprima facie evidence of the facts contained therein. Said notice of\nviolation shall contain information advising the person charged of the\nmanner and the time within which such person may either admit or deny\nthe offense charged in the notice. Such notice of violation shall also\ncontain a warning to advise the person charged that failure to plead in\nthe manner and within the time stated in the notice may result in a\ndefault decision and order being entered against such person, and the\nimposition of supplemental penalties as provided in subdivision five-a\nof section twelve hundred four of this chapter. A notice of violation\nshall not be deemed to be a notice of liability issued pursuant to\nsection two thousand nine hundred eighty-five of this chapter.\n 6. Defaults. Where a respondent has failed to plead to a notice of\nviolation or to a notice of liability issued pursuant to section two\nthousand nine hundred eighty-five of this chapter within the time\nallowed by the rules of said bureau or has failed to appear on a\ndesignated hearing date or a subsequent date following an adjournment,\nsuch failure to plead or appear shall be deemed, for all purposes, to be\nan admission of liability and shall be grounds for rendering a default\ndecision and order imposing a penalty in such amount as may be\nprescribed by the authority.\n 7. Hearings. a. (1) A person charged with a transit infraction\nreturnable to the bureau or a person alleged to be liable in accordance\nwith the provisions of section two thousand nine hundred eighty-five of\nthis chapter who contests such allegation shall be advised of the date\non or by which he or she must appear to answer the charge at a hearing.\nNotification of such hearing date shall be given either in the notice of\nviolation or in a form, the content of which shall be prescribed by the\nexecutive director or in a manner prescribed in section two thousand\nnine hundred eighty-five of this chapter. Any such notification shall\ncontain a warning to advise the person charged that failure to appear on\nor by the date designated, or any subsequent rescheduled or adjourned\ndate, shall be deemed for all purposes, an admission of liability, and\nthat a default judgment may be rendered and penalties may be imposed.\nWhere notification is given in a manner other than in the notice of\nviolation, the bureau shall deliver such notice to the person charged,\neither personally or by registered or certified mail.\n (2) Whenever a person charged with a transit infraction or alleged to\nbe liable in accordance with the provisions of section two thousand nine\nhundred eighty-five of this chapter returnable to the bureau requests an\nalternate hearing date and is not then in default as defined in\nsubdivision six of this section, the bureau shall advise such person\npersonally, or by registered or certified mail, of the alternate hearing\ndate on or by which he or she must appear to answer the charge or\nallegation at a hearing. The form and content of such notice of hearing\nshall be prescribed by the executive director, and shall contain a\nwarning to advise the person charged or alleged to be liable that\nfailure to appear on or by the alternate designated hearing date, or any\nsubsequent rescheduled or adjourned date, shall be deemed for all\npurposes an admission of liability, and that a default judgment may be\nrendered and penalties may be imposed.\n (3) Whenever a person charged with a transit infraction or alleged to\nbe liable in accordance with the provisions of section two thousand nine\nhundred eighty-five of this chapter returnable to the bureau appears at\na hearing and obtains an adjournment of the hearing pursuant to the\nrules of the bureau, the bureau shall advise such person personally, or\nby registered or certified mail, of the adjourned date on which he or\nshe must appear to answer the charge or allegation at a continued\nhearing. The form and content of such notice of a continued hearing\nshall be prescribed by the executive director, and shall contain a\nwarning to advise the person charged or alleged to be liable that\nfailure to appear on the adjourned hearing date shall be deemed for all\npurposes an admission of liability, and that a default judgment may be\nrendered and penalties may be imposed.\n b. Every hearing for the adjudication of a charge of a transit\ninfraction or an allegation of liability under section two thousand nine\nhundred eighty-five of this chapter hereunder shall be held before a\nhearing officer in accordance with the rules and regulations promulgated\nby the bureau.\n c. The hearing officer shall not be bound by the rules of evidence in\nthe conduct of the hearing, except rules relating to privileged\ncommunications.\n d. The hearing officer may, in his or her discretion, or at the\nrequest of the person charged or alleged to be liable on a showing of\ngood cause and need therefor, issue subpoenas to compel the appearance\nof any person to give testimony, and issue subpoenas duces tecum to\ncompel the production for examination or introduction into evidence of\nany book, paper or other thing relevant to the charges.\n e. In the case of a refusal to obey a subpoena, the bureau may make\napplication to the supreme court pursuant to section twenty-three\nhundred eight of the civil practice law and rules, for an order\nrequiring such appearance, testimony or production of materials.\n f. The bureau shall make and maintain a sound recording or other\nrecord of every hearing.\n g. After due consideration of the evidence and arguments, the hearing\nofficer shall determine whether the charges or allegations have been\nestablished. No charge may be established except upon proof by clear and\nconvincing evidence except allegations of civil liability for violations\nof triborough bridge and tunnel authority rules and regulations will be\nestablished in accordance with the provisions of section two thousand\nnine hundred eighty-five of this chapter. Where the charges have not\nbeen established, an order dismissing the charges or allegations shall\nbe entered. Where a determination is made that a charge or allegation\nhas been established or if an answer admitting the charge or allegation\nhas been received, the hearing officer shall set a penalty in accordance\nwith the penalty schedule established by the authority, or for\nallegations of civil liability in accordance with the provisions of\nsection two thousand nine hundred eighty-five of this chapter and an\nappropriate order shall be entered in the records of the bureau. The\nrespondent shall be given notice of such entry in person or by certified\nmail. This order shall constitute the final determination of the hearing\nofficer, and for purposes of review it shall be deemed to incorporate\nany intermediate determinations made by said officer in the course of\nthe proceeding. When no appeal is filed this order shall be the final\norder of the bureau.\n 8. Administrative and judicial review. a. There shall be appeals\nboards within the bureau which shall consist of three or more hearing\nofficers, as the executive director shall determine. The executive\ndirector shall select a chairman for each appeals board from the members\nso appointed. No hearing officer may sit on an appeals board\nconsidering an appeal from a determination made by said hearing officer.\n b. A party aggrieved by a final determination of a hearing officer may\nobtain a review thereof by serving upon the bureau, within thirty days\nof the bureau's service of its notice of entry of such order a notice of\nappeal setting forth the reasons why the determination should be\nreversed or modified. There shall be no interlocutory appeals.\n c. An appeal from a final determination of a hearing officer shall be\nsubmitted to the appeals board, which shall have power to review the\nfacts and the law, but shall not consider any evidence which was not\npresented to the hearing officer, and shall have power to reverse or\nmodify any judgment appealed from for error of fact or law.\n d. Appeals shall be made without the appearance of the appellant and\nappellant's attorney unless the presence of either or both are requested\nby the appellant, appellant's attorney, appellant's parent or guardian\nif appellant is a minor, or the appeals board. Within twenty days after\na request for an appearance, made by or for the appellant, appellant's\nattorney or the board, the bureau shall advise the appellant, either\npersonally or by registered or certified mail, of the date on which he\nor she shall appear. The appellant shall be notified in writing of the\ndecision of the appeals board.\n e. A party may request and obtain a record of the proceedings\nresulting in a determination for which an appeal is sought, but the\nparty shall pay to the bureau the cost of providing such record. When a\nrecord is timely requested for the purpose of preparing an appeal, the\nbureau shall not thereafter cause the appeal to be heard or submitted\nless than ten days after the delivery or mailing of the record to\nappellant or appellant's attorney.\n f. The service of a notice of appeal shall not stay the enforcement of\nan order appealed from unless the appellant shall have posted a bond in,\nor shall have paid, the amount of penalties imposed in the order\nappealed from within the time period established by rule of the bureau\nfor payment of penalties following entry of such an order.\n g. No determination of a hearing officer which is appealable under the\nprovisions of this section shall be reviewed in any court unless an\nappeal has been filed and determined in accordance with this\nsubdivision. When an appeal has been filed, the order of the appeals\nboard shall be the final order of the bureau. Judicial review may be\nsought pursuant to article seventy-eight of the civil practice law and\nrules.\n 9. Enforcement of judgments. a. The bureau shall have the power to\nenforce its final decisions and orders imposing civil penalties for\nviolations of laws, rules and regulations enforced by it as if they were\nmoney judgments, without court proceedings, in the manner described\nherein.\n b. Any final order of the bureau imposing a civil penalty, whether the\nadjudication was had by hearing or upon default or otherwise, shall\nconstitute a judgment rendered by the bureau which may be entered in the\ncivil court of the city of New York or any other place provided for the\nentry of civil judgments within the state, and, provided that no\nproceeding for judicial review shall then be pending, may be enforced\nwithout court proceedings in the same manner as the enforcement of money\njudgments entered in civil actions. A final order against any person or\npersons shall be a bar to the criminal prosecution of, and in the case\nof a minor, juvenile offender proceedings against, said person or\npersons for conduct upon which the order was based.\n c. Notwithstanding the foregoing provisions: (1) Before a judgment\nbased upon a default may be so entered the bureau must have attempted to\nnotify the respondent by first class mail, in such form as the bureau\nmay direct: (i) of the default decision and order and the penalty\nimposed; (ii) that a judgment will be entered in the civil court of the\ncity of New York or any other place provided for the entry of civil\njudgments within the state; and (iii) the entry of such judgments may be\navoided by requesting a stay of default for good cause shown and either\nrequesting a hearing or entering a plea pursuant to the rules of the\nbureau within thirty days of the mailing of such notice.\n (2) Upon receipt by the bureau of a copy of an order to show cause in\nlieu of a notice of petition, or of a notice of petition, served upon it\nin a proceeding for judicial review of any final order of the bureau\nwhich constitutes a judgment which may be entered in the civil court of\nthe city of New York or any other place provided for the entry of civil\njudgments within the state, the bureau shall forthwith serve by\nfirst-class mail the attorney for the petitioner in such proceeding, or\nif the petitioner has initiated the proceeding pro se, the petitioner,\nwith a notice stating whether or not a judgment was entered in any such\ncourt or other place provided for the entry of civil judgments within\nthe state prior to the pendency of such proceeding for judicial review.\nIf a judgment was so entered, such notice from the bureau also shall\ncontain: (i) the name and address of the court or other place in which\nthe judgment was entered, and (ii) identification of the judgment book,\nindex number, docket number, date of entry, other information or\ncombination of the foregoing, sufficient for the petitioner's attorney\nin such proceeding, or for the petitioner pro se, to locate such entry\nof judgment according to the indexing system utilized by the court or\nother place in which the judgment was entered. Proof of service of such\nnotice from the bureau shall be filed by the bureau with the court in\nwhich the proceeding for judicial review is pending at the same time as\nthe filing with the court of the bureau's first legal papers in such\nproceeding. The court in which the proceeding for judicial review is\npending shall not accept for filing the bureau's first legal papers in\nsuch proceeding unless such legal papers are accompanied by such proof\nof service.\n 10. Funds. All penalties collected pursuant to the provisions of this\nsection shall be paid to the authority to the credit of a transit crime\nfund which the authority shall establish. Any sums in this fund shall be\nused to pay for programs selected by the board of the authority, in its\ndiscretion, to reduce the incidence of crimes and infractions on transit\nfacilities, or to improve the enforcement of laws against such crimes\nand infractions. Such funds shall be in addition to and not in\nsubstitution for any funds provided by the state or the city of New York\nfor such purposes.\n