N.Y. Veh. & Traf. Law § 241

§ 241. Final determinations, judgments. * 1. The hearing examiner\nshall make a determination on the charges, either sustaining or\ndismissing them. Where the hearing examiner determines that the charges\nhave been sustained he or she may examine either the prior parking\nviolations record or the record of liabilities incurred in accordance\nwith section eleven hundred eleven-a of this chapter or in accordance\nwith sections eleven hundred eleven-b of this chapter as added by\nsections sixteen of chapters twenty, twenty-one, and twenty-two of the\nlaws of two thousand nine or in accordance with section eleven hundred\neleven-d of this chapter or in accordance with section eleven hundred\neleven-e of this chapter or the record of liabilities incurred in\naccordance with section two thousand nine hundred eighty-five of the\npublic authorities law or sections sixteen-a, sixteen-b and sixteen-c of\nchapter seven hundred seventy-four of the laws of nineteen hundred fifty\nof the person charged, or the record of liabilities incurred in\naccordance with section eleven hundred eleven-c of this chapter, or the\nrecord of liabilities incurred in accordance with section eleven hundred\neighty-b of this chapter, as applicable prior to rendering a final\ndetermination. Final determinations sustaining or dismissing charges\nshall be entered on a final determination roll maintained by the bureau\ntogether with records showing payment and nonpayment of penalties.\n * NB Effective until December 1, 2019\n * 1. The hearing examiner shall make a determination on the charges,\neither sustaining or dismissing them. Where the hearing examiner\ndetermines that the charges have been sustained he or she may examine\neither the prior parking violations record or the record of liabilities\nincurred in accordance with sections eleven hundred eleven-b of this\nchapter as added by sections sixteen of chapters twenty, twenty-one, and\ntwenty-two of the laws of two thousand nine or in accordance with\nsection eleven hundred eleven-d of this chapter or in accordance with\nsection eleven hundred eleven-e of this chapter of the person charged,\nor the record of liabilities incurred in accordance with section eleven\nhundred eleven-c of this chapter, or the record of liabilities incurred\nin accordance with section eleven hundred eighty-b of this chapter, as\napplicable prior to rendering a final determination. Final\ndeterminations sustaining or dismissing charges shall be entered on a\nfinal determination roll maintained by the bureau together with records\nshowing payment and nonpayment of penalties.\n * NB Effective and Expires December 1, 2019\n * 1. The hearing examiner shall make a determination on the charges,\neither sustaining or dismissing them. Where the hearing examiner\ndetermines that the charges have been sustained he or she may examine\nthe prior parking violations record or the record of liabilities\nincurred in accordance with section eleven hundred eleven-e of this\nchapter of the person charged, or the record of liabilities incurred in\naccordance with section eleven hundred eleven-d of this chapter of the\nperson charged, or the record of liabilities incurred in accordance with\nsection eleven hundred eleven-c of this chapter, or the record of\nliabilities incurred in accordance with section eleven hundred eighty-b\nof this chapter, as applicable, prior to rendering a final\ndetermination. Final determinations sustaining or dismissing charges\nshall be entered on a final determination roll maintained by the bureau\ntogether with records showing payment and nonpayment of penalties.\n * NB Effective December 1, 2019 until September 20, 2020\n * 1. The hearing examiner shall make a determination on the charges,\neither sustaining or dismissing them. Where the hearing examiner\ndetermines that the charges have been sustained he or she may examine\neither the prior parking violations record or the record of liabilities\nincurred in accordance with section eleven hundred eleven-d of this\nchapter of the person charged, or the record of liabilities incurred in\naccordance with section eleven hundred eleven-e of this chapter of the\nperson charged or the record of liabilities incurred in accordance with\nsection eleven hundred eighty-b of this chapter, as applicable, prior to\nrendering a final determination. Final determinations sustaining or\ndismissing charges shall be entered on a final determination roll\nmaintained by the bureau together with records showing payment and\nnonpayment of penalties.\n * NB Effective September 20, 2020 until August 30, 2018\n * 1. The hearing examiner shall make a determination on the charges,\neither sustaining or dismissing them. Where the hearing examiner\ndetermines that the charges have been sustained he or she may examine\neither the prior parking violations record or the record of liabilities\nincurred in accordance with section eleven hundred eleven-e of this\nchapter of the person charged or the record of liabilities incurred in\naccordance with section eleven hundred eleven-d of this chapter of the\nperson charged, as applicable, prior to rendering a final determination.\nFinal determinations sustaining or dismissing charges shall be entered\non a final determination roll maintained by the bureau together with\nrecords showing payment and nonpayment of penalties.\n * NB Effective August 30, 2018 until August 21, 2019\n * 1. The hearing examiner shall make a determination on the charges,\neither sustaining or dismissing them. Where the hearing examiner\ndetermines that the charges have been sustained he or she may examine\nthe prior parking violations record or the record of liabilities\nincurred in accordance with section eleven hundred eleven-e of this\nchapter of the person charged, as applicable, prior to rendering a final\ndetermination. Final determinations sustaining or dismissing charges\nshall be entered on a final determination roll maintained by the bureau\ntogether with records showing payment and nonpayment of penalties.\n * NB Effective August 21, 2019 until September 12, 2020\n * 1. The hearing examiner shall make a determination on the charges,\neither sustaining or dismissing them. Where the hearing examiner\ndetermines that the charges have been sustained he may examine the prior\nparking violations record of the person charged prior to rendering a\nfinal determination. Final determinations sustaining or dismissing\ncharges shall be entered on a final determination roll maintained by the\nbureau together with records showing payment and nonpayment of\npenalties.\n * NB Effective September 12, 2020\n * 2. Where an operator or owner fails to enter a plea to a charge of a\nparking violation or contest an allegation of liability in accordance\nwith section eleven hundred eleven-a of this chapter or in accordance\nwith sections eleven hundred eleven-b of this chapter as added by\nsections sixteen of chapters twenty, twenty-one, and twenty-two of the\nlaws of two thousand nine or in accordance with section eleven hundred\neleven-d of this chapter or in accordance with section eleven hundred\neleven-e of this chapter or fails to contest an allegation of liability\nin accordance with section two thousand nine hundred eighty-five of the\npublic authorities law or sections sixteen-a, sixteen-b and sixteen-c of\nchapter seven hundred seventy-four of the laws of nineteen hundred\nfifty, or fails to contest an allegation of liability in accordance with\nsection eleven hundred eleven-c of this chapter or fails to contest an\nallegation of liability in accordance with section eleven hundred\neighty-b of this chapter or fails to appear on a designated hearing date\nor subsequent adjourned date or fails after a hearing to comply with the\ndetermination of a hearing examiner, as prescribed by this article or by\nrule or regulation of the bureau, such failure to plead or contest,\nappear or comply shall be deemed, for all purposes, an admission of\nliability and shall be grounds for rendering and entering a default\njudgment in an amount provided by the rules and regulations of the\nbureau. However, after the expiration of the original date prescribed\nfor entering a plea and before a default judgment may be rendered, in\nsuch case the bureau shall pursuant to the applicable provisions of law\nnotify such operator or owner, by such form of first class mail as the\ncommission may direct; (1) of the violation charged, or liability in\naccordance with section eleven hundred eleven-a of this chapter or in\naccordance with sections eleven hundred eleven-b of this chapter as\nadded by sections sixteen of chapters twenty, twenty-one, and twenty-two\nof the laws of two thousand nine or in accordance with section eleven\nhundred eleven-d of this chapter or in accordance with section eleven\nhundred eleven-e of this chapter alleged or liability in accordance with\nsection two thousand nine hundred eighty-five of the public authorities\nlaw or sections sixteen-a, sixteen-b and sixteen-c of chapter seven\nhundred seventy-four of the laws of nineteen hundred fifty alleged or\nliability in accordance with section eleven hundred eleven-c of this\nchapter or liability in accordance with section eleven hundred eighty-b\nof this chapter alleged, (2) of the impending default judgment, (3) that\nsuch judgment will be entered in the Civil Court of the city in which\nthe bureau has been established, or other court of civil jurisdiction or\nany other place provided for the entry of civil judgments within the\nstate of New York, and (4) that a default may be avoided by entering a\nplea or contesting an allegation of liability in accordance with section\neleven hundred eleven-a of this chapter or in accordance with sections\neleven hundred eleven-b of this chapter as added by sections sixteen of\nchapters twenty, twenty-one, and twenty-two of the laws of two thousand\nnine or in accordance with section eleven hundred eleven-d of this\nchapter or in accordance with section eleven hundred eleven-e of this\nchapter or contesting an allegation of liability in accordance with\nsection two thousand nine hundred eighty-five of the public authorities\nlaw or sections sixteen-a, sixteen-b and sixteen-c of chapter seven\nhundred seventy-four of the laws of nineteen hundred fifty or contesting\nan allegation of liability in accordance with section eleven hundred\neleven-c of this chapter or contesting an allegation of liability in\naccordance with section eleven hundred eighty-b of this chapter, as\nappropriate, or making an appearance within thirty days of the sending\nof such notice. Pleas entered and allegations contested within that\nperiod shall be in the manner prescribed in the notice and not subject\nto additional penalty or fee. Such notice of impending default judgment\nshall not be required prior to the rendering and entry thereof in the\ncase of operators or owners who are non-residents of the state of New\nYork. In no case shall a default judgment be rendered or, where\nrequired, a notice of impending default judgment be sent, more than two\nyears after the expiration of the time prescribed for entering a plea or\ncontesting an allegation. When a person has demanded a hearing, no fine\nor penalty shall be imposed for any reason, prior to the holding of the\nhearing. If the hearing examiner shall make a determination on the\ncharges, sustaining them, he or she shall impose no greater penalty or\nfine than those upon which the person was originally charged.\n * NB Effective until December 1, 2019\n * 2. Where an operator or owner fails to enter a plea to a charge of a\nparking violation or contest an allegation of liability in accordance\nwith sections eleven hundred eleven-b of this chapter as added by\nsections sixteen of chapters twenty, twenty-one, and twenty-two of the\nlaws of two thousand nine or in accordance with section eleven hundred\neleven-d of this chapter, or in accordance with section eleven hundred\neleven-e of this chapter, or fails to contest an allegation of liability\nin accordance with section eleven hundred eleven-c of this chapter, or\nfails to contest an allegation of liability incurred in accordance with\nsection eleven hundred eighty-b of this chapter, or fails to appear on a\ndesignated hearing date or subsequent adjourned date or fails after a\nhearing to comply with the determination of a hearing examiner, as\nprescribed by this article or by rule or regulation of the bureau, such\nfailure to plead, contest, appear or comply shall be deemed, for all\npurposes, an admission of liability and shall be grounds for rendering\nand entering a default judgment in an amount provided by the rules and\nregulations of the bureau. However, after the expiration of the original\ndate prescribed for entering a plea and before a default judgment may be\nrendered, in such case the bureau shall pursuant to the applicable\nprovisions of law notify such operator or owner, by such form of first\nclass mail as the commission may direct; (1) of the violation charged,\nor liability in accordance with sections eleven hundred eleven-b of this\nchapter, as added by sections sixteen of chapters twenty, twenty-one,\nand twenty-two of the laws of two thousand nine or in accordance with\nsection eleven hundred eleven-d of this chapter, or in accordance with\nsection eleven hundred eleven-e of this chapter, or liability in\naccordance with section eleven hundred eleven-c of this chapter or\nliability in accordance with section eleven hundred eighty-b of this\nchapter alleged, (2) of the impending default judgment, (3) that such\njudgment will be entered in the Civil Court of the city in which the\nbureau has been established, or other court of civil jurisdiction or any\nother place provided for the entry of civil judgments within the state\nof New York, and (4) that a default may be avoided by entering a plea or\ncontesting an allegation of liability in accordance with sections eleven\nhundred eleven-b of this chapter as added by sections sixteen of\nchapters twenty, twenty-one, and twenty-two of the laws of two thousand\nnine or in accordance with section eleven hundred eleven-d of this\nchapter or in accordance with section eleven hundred eleven-e of this\nchapter, or contesting an allegation of liability in accordance with\nsection eleven hundred eleven-c of this chapter or contesting an\nallegation of liability in accordance with section eleven hundred\neighty-b of this chapter as appropriate, or making an appearance within\nthirty days of the sending of such notice. Pleas entered and allegations\ncontested within that period shall be in the manner prescribed in the\nnotice and not subject to additional penalty or fee. Such notice of\nimpending default judgment shall not be required prior to the rendering\nand entry thereof in the case of operators or owners who are\nnon-residents of the state of New York. In no case shall a default\njudgment be rendered or, where required, a notice of impending default\njudgment be sent, more than two years after the expiration of the time\nprescribed for entering a plea or contesting an allegation. When a\nperson has demanded a hearing, no fine or penalty shall be imposed for\nany reason, prior to the holding of the hearing. If the hearing examiner\nshall make a determination on the charges, sustaining them, he or she\nshall impose no greater penalty or fine than those upon which the person\nwas originally charged.\n * NB Effective and Expires December 1, 2019\n * 2. Where an operator or owner fails to enter a plea to a charge of a\nparking violation or contest an allegation of liability in accordance\nwith section eleven hundred eleven-e of this chapter, or contest an\nallegation of liability in accordance with section eleven hundred\neleven-d of this chapter, or fails to contest an allegation of liability\nin accordance with section eleven hundred eleven-c of this chapter, or\nfails to contest an allegation of liability incurred in accordance with\nsection eleven hundred eighty-b of this chapter, or fails to appear on a\ndesignated hearing date or subsequent adjourned date or fails after a\nhearing to comply with the determination of a hearing examiner, as\nprescribed by this article or by rule or regulation of the bureau, such\nfailure to plead, appear or comply shall be deemed, for all purposes, an\nadmission of liability and shall be grounds for rendering and entering a\ndefault judgment in an amount provided by the rules and regulations of\nthe bureau. However, after the expiration of the original date\nprescribed for entering a plea and before a default judgment may be\nrendered, in such case the bureau shall pursuant to the applicable\nprovisions of law notify such operator or owner, by such form of first\nclass mail as the commission may direct; (1) of the violation charged,\nor liability in accordance with section eleven hundred eleven-e of this\nchapter, or liability in accordance with section eleven hundred eleven-d\nof this chapter, or alleged liability in accordance with section eleven\nhundred eleven-c of this chapter or alleged liability in accordance with\nsection eleven hundred eighty-b of this chapter, (2) of the impending\ndefault judgment, (3) that such judgment will be entered in the Civil\nCourt of the city in which the bureau has been established, or other\ncourt of civil jurisdiction or any other place provided for the entry of\ncivil judgments within the state of New York, and (4) that a default may\nbe avoided by entering a plea or contesting an allegation of liability\nin accordance with section eleven hundred eleven-e of this chapter or\ncontesting an allegation of liability in accordance with section eleven\nhundred eleven-d of this chapter or contesting an allegation of\nliability in accordance with section eleven hundred eleven-c of this\nchapter or contesting an allegation of liability in accordance with\nsection eleven hundred eighty-b of this chapter or making an appearance\nwithin thirty days of the sending of such notice. Pleas entered within\nthat period shall be in the manner prescribed in the notice and not\nsubject to additional penalty or fee. Such notice of impending default\njudgment shall not be required prior to the rendering and entry thereof\nin the case of operators or owners who are non-residents of the state of\nNew York. In no case shall a default judgment be rendered or, where\nrequired, a notice of impending default judgment be sent, more than two\nyears after the expiration of the time prescribed for entering a plea.\nWhen a person has demanded a hearing, no fine or penalty shall be\nimposed for any reason, prior to the holding of the hearing. If the\nhearing examiner shall make a determination on the charges, sustaining\nthem, he or she shall impose no greater penalty or fine than those upon\nwhich the person was originally charged.\n * NB Effective December 1, 2019 until September 20, 2020\n * 2. Where an operator or owner fails to enter a plea to a charge of a\nparking violation or contest an allegation of liability in accordance\nwith section eleven hundred eleven-e of this chapter or contest an\nallegation of liability in accordance with section eleven hundred\neleven-d of this chapter or fails to contest an allegation of liability\nincurred in accordance with section eleven hundred eighty-b of this\nchapter or fails to appear on a designated hearing date or subsequent\nadjourned date or fails after a hearing to comply with the determination\nof a hearing examiner, as prescribed by this article or by rule or\nregulation of the bureau, such failure to plead, appear or comply shall\nbe deemed, for all purposes, an admission of liability and shall be\ngrounds for rendering and entering a default judgment in an amount\nprovided by the rules and regulations of the bureau. However, after the\nexpiration of the original date prescribed for entering a plea and\nbefore a default judgment may be rendered, in such case the bureau shall\npursuant to the applicable provisions of law notify such operator or\nowner, by such form of first class mail as the commission may direct;\n(1) of the violation charged or liability in accordance with section\neleven hundred eleven-e of this chapter or liability in accordance with\nsection eleven hundred eleven-d of this chapter or liability in\naccordance with section eleven hundred eighty-b of this chapter alleged,\n(2) of the impending default judgment, (3) that such judgment will be\nentered in the Civil Court of the city in which the bureau has been\nestablished, or other court of civil jurisdiction or any other place\nprovided for the entry of civil judgments within the state of New York,\nand (4) that a default may be avoided by entering a plea or contesting\nan allegation of liability in accordance with section eleven hundred\neleven-e of this chapter or contesting an allegation of liability in\naccordance with section eleven hundred eleven-d of this chapter or\ncontesting an allegation of liability in accordance with section eleven\nhundred eighty-b of this chapter or making an appearance within thirty\ndays of the sending of such notice. Pleas entered within that period\nshall be in the manner prescribed in the notice and not subject to\nadditional penalty or fee. Such notice of impending default judgment\nshall not be required prior to the rendering and entry thereof in the\ncase of operators or owners who are non-residents of the state of New\nYork. In no case shall a default judgment be rendered or, where\nrequired, a notice of impending default judgment be sent, more than two\nyears after the expiration of the time prescribed for entering a plea.\nWhen a person has demanded a hearing, no fine or penalty shall be\nimposed for any reason, prior to the holding of the hearing. If the\nhearing examiner shall make a determination on the charges, sustaining\nthem, he shall impose no greater penalty or fine than those upon which\nthe person was originally charged.\n * NB Effective September 20, 2020 until August 30, 2018\n * 2. Where an operator or owner fails to enter a plea to a charge of a\nparking violation or contest an allegation of liability in accordance\nwith section eleven hundred eleven-e of this chapter or contest an\nallegation of liability in accordance with section eleven hundred\neleven-d of this chapter or fails to appear on a designated hearing date\nor subsequent adjourned date or fails after a hearing to comply with the\ndetermination of a hearing examiner, as prescribed by this article or by\nrule or regulation of the bureau, such failure to plead, appear or\ncomply shall be deemed, for all purposes, an admission of liability and\nshall be grounds for rendering and entering a default judgment in an\namount provided by the rules and regulations of the bureau. However,\nafter the expiration of the original date prescribed for entering a plea\nand before a default judgment may be rendered, in such case the bureau\nshall pursuant to the applicable provisions of law notify such operator\nor owner, by such form of first class mail as the commission may direct;\n(1) of the violation charged or liability in accordance with section\neleven hundred eleven-e of this chapter alleged or liability in\naccordance with section eleven hundred eleven-d of this chapter alleged,\n(2) of the impending default judgment, (3) that such judgment will be\nentered in the Civil Court of the city in which the bureau has been\nestablished, or other court of civil jurisdiction or any other place\nprovided for the entry of civil judgments within the state of New York,\nand (4) that a default may be avoided by entering a plea or contesting\nan allegation of liability in accordance with section eleven hundred\neleven-e of this chapter or contesting an allegation of liability in\naccordance with section eleven hundred eleven-d of this chapter or\nmaking an appearance within thirty days of the sending of such notice.\nPleas entered within that period shall be in the manner prescribed in\nthe notice and not subject to additional penalty or fee. Such notice of\nimpending default judgment shall not be required prior to the rendering\nand entry thereof in the case of operators or owners who are\nnon-residents of the state of New York. In no case shall a default\njudgment be rendered or, where required, a notice of impending default\njudgment be sent, more than two years after the expiration of the time\nprescribed for entering a plea. When a person has demanded a hearing, no\nfine or penalty shall be imposed for any reason, prior to the holding of\nthe hearing. If the hearing examiner shall make a determination on the\ncharges, sustaining them, he shall impose no greater penalty or fine\nthan those upon which the person was originally charged.\n * NB Effective August 30, 2018 until August 21, 2019\n * 2. Where an operator or owner fails to enter a plea to a charge of a\nparking violation or contest an allegation of liability in accordance\nwith section eleven hundred eleven-e of this chapter or fails to appear\non a designated hearing date or subsequent adjourned date or fails after\na hearing to comply with the determination of a hearing examiner, as\nprescribed by this article or by rule or regulation of the bureau, such\nfailure to plead, appear or comply shall be deemed, for all purposes, an\nadmission of liability and shall be grounds for rendering and entering a\ndefault judgment in an amount provided by the rules and regulations of\nthe bureau. However, after the expiration of the original date\nprescribed for entering a plea and before a default judgment may be\nrendered, in such case the bureau shall pursuant to the applicable\nprovisions of law notify such operator or owner, by such form of first\nclass mail as the commission may direct; (1) of the violation charged or\nliability in accordance with section eleven hundred eleven-e of this\nchapter alleged, (2) of the impending default judgment, (3) that such\njudgment will be entered in the Civil Court of the city in which the\nbureau has been established, or other court of civil jurisdiction or any\nother place provided for the entry of civil judgments within the state\nof New York, and (4) that a default may be avoided by entering a plea or\ncontesting an allegation of liability in accordance with section eleven\nhundred eleven-e of this chapter or making an appearance within thirty\ndays of the sending of such notice. Pleas entered within that period\nshall be in the manner prescribed in the notice and not subject to\nadditional penalty or fee. Such notice of impending default judgment\nshall not be required prior to the rendering and entry thereof in the\ncase of operators or owners who are non-residents of the state of New\nYork. In no case shall a default judgment be rendered or, where\nrequired, a notice of impending default judgment be sent, more than two\nyears after the expiration of the time prescribed for entering a plea.\nWhen a person has demanded a hearing, no fine or penalty shall be\nimposed for any reason, prior to the holding of the hearing. If the\nhearing examiner shall make a determination on the charges, sustaining\nthem, he shall impose no greater penalty or fine than those upon which\nthe person was originally charged.\n * NB Effective August 21, 2019 until September 12, 2020\n * 2. Where an operator or owner fails to enter a plea to a charge of a\nparking violation or fails to appear on a designated hearing date or\nsubsequent adjourned date or fails after a hearing to comply with the\ndetermination of a hearing examiner, as prescribed by this article or by\nrule or regulation of the bureau, such failure to plead, appear or\ncomply shall be deemed, for all purposes, an admission of liability and\nshall be grounds for rendering and entering a default judgment in an\namount provided by the rules and regulations of the bureau. However,\nafter the expiration of the original date prescribed for entering a plea\nand before a default judgment may be rendered, in such case the bureau\nshall pursuant to the applicable provisions of law notify such operator\nor owner, by such form of first class mail as the commission may direct;\n(1) of the violation charged, (2) of the impending default judgment, (3)\nthat such judgment will be entered in the Civil Court of the city in\nwhich the bureau has been established, or other court of civil\njurisdiction or any other place provided for the entry of civil\njudgments within the state of New York, and (4) that a default may be\navoided by entering a plea or making an appearance within thirty days of\nthe sending of such notice. Pleas entered within that period shall be in\nthe manner prescribed in the notice and not subject to additional\npenalty or fee. Such notice of impending default judgment shall not be\nrequired prior to the rendering and entry thereof in the case of\noperators or owners who are non-residents of the state of New York. In\nno case shall a default judgment be rendered or, where required, a\nnotice of impending default judgment be sent, more than two years after\nthe expiration of the time prescribed for entering a plea. When a person\nhas demanded a hearing, no fine or penalty shall be imposed for any\nreason, prior to the holding of the hearing. If the hearing examiner\nshall make a determination on the charges, sustaining them, he shall\nimpose no greater penalty or fine than those upon which the person was\noriginally charged.\n * NB Effective September 12, 2020\n 3. A judgment entered pursuant to the provisions of this section shall\nremain in full force and effect for eight years notwithstanding any\nother provision of law.\n