Bill Text: NY A05859 | 2013-2014 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Authorizes the creation of certain local civil administrative enforcement procedures in the town of Huntington.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2014-01-08 - referred to local governments [A05859 Detail]
Download: New_York-2013-A05859-Introduced.html
Bill Title: Authorizes the creation of certain local civil administrative enforcement procedures in the town of Huntington.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2014-01-08 - referred to local governments [A05859 Detail]
Download: New_York-2013-A05859-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5859
2013-2014 Regular Sessions
I N A S S E M B L Y
March 7, 2013
___________
Introduced by M. of A. LUPINACCI, RAIA -- read once and referred to the
Committee on Local Governments
AN ACT to amend the general municipal law, in relation to authorizing
the creation of certain local civil administrative enforcement bureaus
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The general municipal law is amended by adding a new arti-
2 cle 14-BBB to read as follows:
3 ARTICLE 14-BBB
4 LOCAL CIVIL ADMINISTRATIVE ENFORCEMENT BUREAU
5 SECTION 390. CODE AND ORDINANCE VIOLATIONS; ADMINISTRATIVE ENFORCEMENT.
6 391. DIRECTOR.
7 392. ADMINISTRATIVE LAW JUDGES.
8 393. JURISDICTION TO IMPOSE CIVIL PENALTIES.
9 394. COMMENCEMENT OF PROCEEDINGS; DEFAULT JUDGMENTS.
10 395. ADMINISTRATIVE APPEALS PANEL.
11 396. JUDICIAL ENFORCEMENT.
12 397. RESTRICTION ON COLLATERAL USE.
13 S 390. CODE AND ORDINANCE VIOLATIONS; ADMINISTRATIVE ENFORCEMENT. THE
14 TOWN OF HUNTINGTON IN THE COUNTY OF SUFFOLK MAY ADOPT A LOCAL LAW ESTAB-
15 LISHING AN ADMINISTRATIVE ENFORCEMENT HEARING PROCEDURE UNDER THE
16 PROVISIONS OF THIS ARTICLE FOR ALL CODE AND ORDINANCE VIOLATIONS REGARD-
17 ING CONDITIONS WHICH CONSTITUTE A THREAT OR DANGER TO THE PUBLIC HEALTH,
18 SAFETY OR WELFARE. SUCH BUREAUS SHALL BE RESPONSIBLE FOR THE IMPARTIAL
19 ADMINISTRATION AND CONDUCT OF ENFORCEMENT PROCEEDINGS IN SUCH TOWN.
20 S 391. DIRECTOR. A. THE HEAD OF THE BUREAU SHALL BE THE DIRECTOR WHO
21 SHALL BE THE CHIEF ADMINISTRATIVE LAW JUDGE OF THE BUREAU AND SHALL HAVE
22 ALL THE POWERS OF AN ADMINISTRATIVE LAW JUDGE PURSUANT TO THIS SECTION.
23 THE DIRECTOR SHALL BE APPOINTED BY THE GOVERNING BODY OF SUCH TOWN FOR A
24 TERM OF FIVE YEARS. THE DIRECTOR SHALL BE REMOVABLE ONLY FOR NEGLECT OF
25 DUTY OR MISFEASANCE IN OFFICE AFTER NOTICE AND AN OPPORTUNITY FOR A
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07906-01-3
A. 5859 2
1 HEARING. ONCE APPOINTED AND CONFIRMED, THE DIRECTOR SHALL SERVE UNTIL
2 HIS OR HER TERM EXPIRES AND UNTIL HIS OR HER SUCCESSOR HAS BEEN
3 APPOINTED AND CONFIRMED. THE DIRECTOR SHALL DEVOTE HIS OR HER ENTIRE
4 WORK TIME TO THE DUTIES OF THE OFFICE.
5 B. THE DIRECTOR SHALL BE AN ATTORNEY ADMITTED TO PRACTICE FOR AT LEAST
6 FIVE YEARS IN THE STATE OF NEW YORK AND SHALL BE KNOWLEDGEABLE ON THE
7 SUBJECT OF ADMINISTRATIVE LAW AND PROCEDURES.
8 C. THE DIRECTOR SHALL HAVE THE POWER TO PROMULGATE RULES CONSISTENT
9 WITH THIS ARTICLE FOR THE PRACTICE AND PROCEDURE OF THE BUREAU, THE
10 CONDUCT OF ENFORCEMENT PROCEEDINGS AND THE DISMISSAL OR SETTLEMENT OF
11 SUCH PROCEEDINGS.
12 D. THE DIRECTOR SHALL DEVELOP AND IMPLEMENT A PROGRAM OF EVALUATION TO
13 AID IN THE PERFORMANCE OF HIS OR HER DUTIES, AND TO ASSIST IN THE MAKING
14 OF PROMOTIONS, DEMOTIONS OR REMOVALS. THIS PROGRAM OF EVALUATION SHALL
15 FOCUS ON THREE AREAS OF PERFORMANCE: COMPETENCE, PRODUCTIVITY AND DEMEA-
16 NOR. IT SHALL INCLUDE CONSIDERATION OF: INDUSTRY AND PROMPTNESS IN
17 ADHERING TO SCHEDULES, MAKING RULINGS AND RENDERING DECISIONS; TOLER-
18 ANCE, COURTESY, PATIENCE, ATTENTIVENESS, AND SELF CONTROL IN DEALING
19 WITH LITIGANTS, WITNESSES AND REPRESENTATIVES, AND IN PRESIDING OVER
20 ENFORCEMENT PROCEEDINGS; SKILLS AND KNOWLEDGE OF THE SUBJECT OF ADMINIS-
21 TRATIVE LAW AND PROCEDURES AND NEW DEVELOPMENTS THEREIN; ANALYTICAL
22 TALENTS AND WRITING ABILITIES; SETTLEMENT SKILLS; QUANTITY, NATURE AND
23 QUALITY OF CASE LOAD DISPOSITION; IMPARTIALITY AND CONSCIENTIOUSNESS.
24 THE DIRECTOR SHALL DEVELOP STANDARDS AND PROCEDURES FOR THIS PROGRAM,
25 WHICH SHALL INCLUDE TAKING COMMENTS FROM SELECTED LITIGANTS AND REPRE-
26 SENTATIVES WHO HAVE APPEARED BEFORE AN ADMINISTRATIVE JUDGE. THE METHODS
27 USED BY AN ADMINISTRATIVE JUDGE BUT NOT THE RESULTS ARRIVED AT BY THE
28 ADMINISTRATIVE LAW JUDGE IN ANY CASE MAY BE USED IN EVALUATING AN ADMIN-
29 ISTRATIVE JUDGE. BEFORE IMPLEMENTING ANY ACTION BASED UPON THE FINDING
30 OF THE EVALUATION PROGRAM, THE DIRECTOR SHALL DISCUSS THE FINDINGS AND
31 PROPOSED ACTION WITH THE ADMINISTRATIVE LAW JUDGE; PROVIDED HOWEVER THAT
32 THE DIRECTOR'S AUTHORITY PURSUANT TO THIS SUBDIVISION IS SUBJECT TO THE
33 PROVISIONS OF THE CIVIL SERVICE LAW AND ANY APPLICABLE COLLECTIVE
34 BARGAINING AGREEMENT.
35 E. TO THE EXTENT PERMITTED BY LAW, THE DIRECTOR SHALL PUBLISH AND MAKE
36 AVAILABLE TO THE PUBLIC ALL SIGNIFICANT DECISIONS RENDERED BY ADMINIS-
37 TRATIVE LAW JUDGES AND ALL DECISIONS RENDERED BY THE ADMINISTRATIVE
38 APPEALS PANELS. THE DIRECTOR MAY CHARGE A REASONABLE FEE FOR A COPY OF
39 SUCH DETERMINATION OR DECISION. WHENEVER ANY LAW OF CONFIDENTIALITY
40 PREVENTS THE PUBLICATION OF THE IDENTITY OF ANY OF THE PARTIES, AN EDIT-
41 ED VERSION OF THE DECISION SHALL BE PREPARED WHICH SHALL NOT DISCLOSE
42 THE IDENTITIES OF THE PROTECTED PARTIES.
43 F. THE DIRECTOR SHALL COLLECT, COMPILE, AND PUBLISH STATISTICS AND
44 OTHER DATA WITH RESPECT TO THE OPERATIONS AND DUTIES OF THE BUREAU AND
45 SUBMIT ANNUALLY TO THE MAYOR, THE TOWN BOARD AND THE PUBLIC A REPORT ON
46 SUCH OPERATIONS INCLUDING BUT NOT LIMITED TO, THE NUMBER OF HEARINGS
47 INITIATED, THE NUMBER OF DECISIONS RENDERED, THE NUMBER OF PARTIAL OR
48 TOTAL REVERSALS BY THE APPEALS PANEL, THE NUMBER OF PROCEEDINGS PENDING,
49 AND ON ANY RECOMMENDATIONS OF THE BUREAU OF STATUTORY OR REGULATORY
50 AMENDMENTS.
51 G. THE DIRECTOR SHALL STUDY THE SUBJECTS OF ADMINISTRATIVE ADJUDI-
52 CATION AND ENFORCEMENT IN ALL ASPECTS, AND DEVELOP PROGRAMS INCLUDING
53 ALTERNATE DISPUTE RESOLUTION AND INCLUDING PRELIMINARY OR PREHEARING
54 CONFERENCES OR MEDIATION WHICH WOULD PROMOTE THE GOALS OF FAIRNESS,
55 UNIFORMITY AND COST-EFFECTIVENESS.
A. 5859 3
1 H. THE DIRECTOR SHALL ADOPT, PROMULGATE, AMEND AND RESCIND RULES AND
2 REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS ARTICLE AND THE POLICIES
3 OF THE BUREAU IN CONNECTION THEREWITH. SUCH RULES AND REGULATIONS SHALL
4 SUBSTANTIALLY COMPLY WITH ARTICLE THREE OF THE STATE ADMINISTRATIVE
5 PROCEDURE ACT, SHALL SUPERSEDE ANY INCONSISTENT AGENCY RULES, AND SHALL
6 INCLUDE, BUT NOT BE LIMITED TO, UNIFORM STANDARDS AND PROCEDURES, RULES
7 OF PRACTICE, STANDARDS FOR DETERMINING WHEN AN EXPEDITED HEARING WILL BE
8 CONDUCTED, STANDARDS FOR UNCONTESTED PROCEEDINGS, STANDARDS FOR THE
9 ASSIGNMENT OF ADMINISTRATIVE LAW JUDGES AND THEIR REMOVAL FROM CASES,
10 AND FOR THE MAINTENANCE OF RECORDS.
11 I. THE DIRECTOR SHALL SECURE, COMPILE AND MAINTAIN ALL REPORTS OF
12 ADMINISTRATIVE LAW JUDGES ISSUED PURSUANT TO THIS ARTICLE, AND SUCH
13 REFERENCE MATERIALS AND SUPPORTING INFORMATION AS MAY BE APPROPRIATE AND
14 TO ESTABLISH APPROPRIATE MANAGEMENT INFORMATION SYSTEMS.
15 J. THE DIRECTOR SHALL DEVELOP AND MAINTAIN A PROGRAM FOR THE CONTINU-
16 ING TRAINING AND EDUCATION OF ADMINISTRATIVE LAW JUDGES AND ANCILLARY
17 PERSONNEL.
18 S 392. ADMINISTRATIVE LAW JUDGES. A. THE DIRECTOR SHALL APPOINT ADMIN-
19 ISTRATIVE LAW JUDGES WHO SHALL BE ATTORNEYS ADMITTED TO PRACTICE IN THE
20 STATE OF NEW YORK FOR AT LEAST THREE YEARS AND SHALL HAVE SUCH OTHER
21 QUALIFICATIONS AS MAY BE PRESCRIBED BY THE DIRECTOR. THE DIRECTOR MAY
22 PRESCRIBE QUALIFICATIONS FOR ADMINISTRATIVE LAW JUDGES WHICH MAY VARY
23 BASED ON THE TYPE OR KIND OF ADJUDICATORY HEARING TO WHICH SUCH ADMINIS-
24 TRATIVE LAW JUDGE MAY BE ASSIGNED.
25 B. THE DIRECTOR MAY PURSUANT TO RULE ESTABLISH SUCH SPECIAL UNITS
26 WITHIN THE BUREAU AS ARE APPROPRIATE TO THE MATTERS BEFORE THE BUREAU
27 FOR ADJUDICATION.
28 C. AN ADMINISTRATIVE LAW JUDGE SHALL NOT PARTICIPATE IN ANY PROCEEDING
29 TO WHICH HE OR SHE IS A PARTY, IN WHICH HE OR SHE HAS BEEN ATTORNEY,
30 COUNSEL OR REPRESENTATIVE, IF HE OR SHE IS RELATED BY CONSANGUINITY OR
31 AFFINITY TO ANY PARTY TO THE CONTROVERSY WITHIN THE SIXTH DEGREE OR
32 WHERE SUCH PARTICIPATION IS OTHERWISE PROHIBITED BY LAW. ADMINISTRATIVE
33 LAW JUDGES SHALL ENSURE THAT ALL HEARINGS ARE CONDUCTED IN A FAIR AND
34 IMPARTIAL MANNER.
35 D. EXCEPT AS OTHERWISE PROVIDED BY LAW, IN THE CONDUCT OF AN ENFORCE-
36 MENT, AN ADMINISTRATIVE LAW JUDGE MAY:
37 (1) HOLD CONFERENCES FOR THE SETTLEMENT OR SIMPLIFICATION OF THE
38 ISSUES, PROVIDED THAT THE SETTLEMENT AND DISMISSAL OF PROCEEDINGS SHALL
39 BE IN ACCORDANCE WITH THE RULES OF THE DIRECTOR;
40 (2) ADMINISTER OATHS AND AFFIRMATIONS, EXAMINE WITNESSES, RULE UPON
41 OFFERS OF PROOF, RECEIVE EVIDENCE, AND OVERSEE, REGULATE, ORDER AND
42 ENFORCE SUCH DISCOVERY AS IS APPROPRIATE UNDER THE CIRCUMSTANCES;
43 (3) UPON MOTION OF ANY PARTY INCLUDING AN AGENCY, OR UPON THE ADMINIS-
44 TRATIVE LAW JUDGE'S OWN MOTION WITH CONSENT OF THE RESPONDENT, SUBPOENA
45 THE ATTENDANCE OF WITNESSES AND THE PRODUCTION OF BOOKS, RECORDS, OR
46 OTHER INFORMATION;
47 (4) REGULATE THE COURSE OF THE HEARING IN ACCORDANCE WITH THE RULES OF
48 THE BUREAU OR OTHER APPLICABLE LAW;
49 (5) RULE ON PROCEDURAL REQUESTS OR SIMILAR MATTERS;
50 (6) MAKE FINAL FINDINGS OF FACT AND FINAL DECISIONS, DETERMINATIONS OR
51 ORDERS;
52 (7) WHERE THE BUREAU IS AUTHORIZED TO RENDER A FINAL DECISION, DETER-
53 MINATION OR ORDER IMPOSING CIVIL PENALTIES, IMPOSE SUCH CIVIL PENALTIES.
54 NO SUCH CIVIL PENALTY SHALL EXCEED THE MAXIMUM PROVIDED UNDER LAW FOR
55 THE VIOLATION; AND
56 (8) TAKE ANY OTHER ACTION AUTHORIZED BY LAW.
A. 5859 4
1 E. UNLESS INCONSISTENT WITH THIS ARTICLE, ALL HEARINGS SHALL SUBSTAN-
2 TIALLY COMPLY WITH THE REQUIREMENTS OF ARTICLE THREE OF THE STATE ADMIN-
3 ISTRATIVE PROCEDURE ACT.
4 F. AN ADMINISTRATIVE LAW JUDGE SHALL RENDER ALL FINDINGS OF FACT,
5 DECISIONS, DETERMINATIONS AND ORDERS IN AN EXPEDITIOUS MANNER.
6 G. UNLESS OTHERWISE AUTHORIZED BY LAW AND EXCEPT AS PROVIDED IN SUBDI-
7 VISION H OF THIS SECTION, AN ADMINISTRATIVE LAW JUDGE SHALL NOT COMMUNI-
8 CATE IN CONNECTION WITH ANY ISSUE THAT RELATES IN ANY WAY TO THE MERITS
9 OF A PROCEEDING PENDING BEFORE THE ADMINISTRATIVE LAW JUDGE WITH ANY
10 PERSON EXCEPT UPON NOTICE AND OPPORTUNITY FOR ALL PARTIES TO PARTIC-
11 IPATE.
12 H. AN ADMINISTRATIVE LAW JUDGE MAY CONSULT ON QUESTIONS OF LAW AND
13 MINISTERIAL MATTERS WITH HIS OR HER SUPERVISOR, OTHER ADMINISTRATIVE LAW
14 JUDGES, AND SUPPORT STAFF OF THE BUREAU, PROVIDED THAT SUCH SUPERVISORS,
15 ADMINISTRATIVE LAW JUDGES OR SUPPORT STAFF HAVE NOT BEEN ENGAGED IN
16 FUNCTIONS IN CONNECTION WITH THE ENFORCEMENT PROCEEDING UNDER CONSIDER-
17 ATION OR A FACTUALLY RELATED PROCEEDING.
18 S 393. JURISDICTION TO IMPOSE CIVIL PENALTIES. A. SUCH LOCAL LAW MAY
19 AUTHORIZE SUCH BUREAU TO (1) CONDUCT PROCEEDINGS FOR THE ENFORCEMENT OF
20 THOSE CODE OR ORDINANCE VIOLATIONS DESCRIBED IN SECTION THREE HUNDRED
21 NINETY OF THIS ARTICLE FOR WHICH CIVIL PENALTIES MAY BE IMPOSED, AND (2)
22 TO RENDER DECISIONS AND ORDERS AND IMPOSE THE CIVIL PENALTIES PROVIDED
23 UNDER LAW FOR SUCH VIOLATIONS.
24 B. NO PERSON SUBJECT TO ANY CHARGES MAY BE SENTENCED TO A TERM OF
25 IMPRISONMENT UPON BEING FOUND GUILTY THEREOF, NOR MAY AN ADMINISTRATIVE
26 LAW JUDGE ORDER THE ARREST OR DETENTION OF ANY PERSON, NOR MAY AN ADMIN-
27 ISTRATIVE LAW JUDGE DEPRIVE ANY PERSON OF A RIGHT TO COUNSEL.
28 S 394. COMMENCEMENT OF PROCEEDINGS; DEFAULT JUDGMENTS. A. THE BUREAU
29 SHALL CONDUCT THE PROCEEDINGS AUTHORIZED BY LOCAL LAW IN ACCORDANCE WITH
30 THIS SECTION AND WITH RULES PROMULGATED BY THE DIRECTOR.
31 B. SUCH PROCEEDINGS SHALL BE COMMENCED BY THE SERVICE OF NOTICE OF
32 VIOLATION. THE NOTICE OF VIOLATION OR COPY THEREOF WHEN FILLED IN AND
33 SERVED SHALL CONSTITUTE NOTICE OF THE VIOLATION CHARGED, AND, IF SWORN
34 TO OR AFFIRMED, SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED
35 THEREIN. THE NOTICE OF VIOLATION WHEN SWORN TO OR AFFIRMED SHALL
36 CONSTITUTE THE TESTIMONY OF THE SIGNATOR AND, WHEN FILED WITH THE BUREAU
37 SHALL BE ADMITTED INTO EVIDENCE AS SUCH TESTIMONY AT ANY HEARING ON THE
38 VIOLATION CHARGED. EVERY SUCH NOTICE OF VIOLATION SHALL STATE WHETHER
39 THE FACTS SET FORTH THEREIN ARE KNOWN PERSONALLY TO THE SIGNATOR AND IF
40 THE FACTS ARE NOT SO KNOWN THE NOTICE OF VIOLATION SHALL SPECIFICALLY
41 IDENTIFY THE SOURCE OF KNOWLEDGE OF SUCH FACTS. IF THE RESPONDENT
42 DISPUTES THE FACTS STATED IN THE NOTICE OF VIOLATION, THE ADMINISTRATIVE
43 LAW JUDGE, WHERE APPROPRIATE MAY REJECT THE SIGNATOR'S FACTS, ACCEPT
44 FACTS THE RESPONDENT OFFERS, OR DIRECT THE SIGNATOR'S APPEARANCE.
45 C. (1) THE FORM AND WORDING OF NOTICES OF VIOLATION SHALL BE
46 PRESCRIBED BY THE DIRECTOR. THE NOTICE OF VIOLATION SHALL CONTAIN
47 INFORMATION ADVISING THE PERSON CHARGED OF THE MANNER AND THE TIME IN
48 WHICH SUCH PERSON MAY EITHER ADMIT OR DENY THE VIOLATION CHARGED IN THE
49 NOTICE. SUCH NOTICE OF VIOLATION SHALL ALSO CONTAIN A WARNING TO ADVISE
50 THE PERSON CHARGED THAT FAILURE TO PLEAD IN THE MANNER AND TIME STATED
51 IN THE NOTICE MAY RESULT IN A DEFAULT DECISION AND ORDER BEING ENTERED
52 AGAINST SUCH PERSON. THE ORIGINAL OR A COPY OF THE NOTICE OF VIOLATION
53 SHALL BE FILED AND RETAINED BY THE BUREAU AND SHALL BE DEEMED A RECORD
54 KEPT IN THE ORDINARY COURSE OF BUSINESS.
55 (2) EVERY NOTICE OF VIOLATION SHALL IDENTIFY THE PROVISION OF LAW
56 CHARGED AND SHALL SET FORTH THE FACTUAL BASIS FOR THE VIOLATION. WHERE A
A. 5859 5
1 NOTICE OF VIOLATION DOES NOT CONTAIN THIS INFORMATION, IT SHALL BE
2 DISMISSED AT THE REQUEST OF THE RESPONDENT OR THE ADMINISTRATIVE LAW
3 JUDGE MAY DISMISS THE NOTICE OF VIOLATION UPON HIS OR HER OWN MOTION.
4 D. WHERE A RESPONDENT HAS FAILED TO PLEAD WITHIN THE TIME ALLOWED BY
5 CONTROLLING LAW OR, IF THERE IS NO SUCH CONTROLLING LAW, BY THE RULES OF
6 THE BUREAU, OR HAS FAILED TO APPEAR ON A DESIGNATED HEARING DATE OR A
7 SUBSEQUENT DATE FOLLOWING AN ADJOURNMENT, SUCH FAILURE TO PLEAD OR
8 APPEAR SHALL BE DEEMED, FOR ALL PURPOSES, TO BE AN ADMISSION OF LIABIL-
9 ITY AND SHALL BE GROUNDS FOR RENDERING A DEFAULT DECISION AND ORDER
10 IMPOSING A PENALTY UP TO THE MAXIMUM AMOUNT PRESCRIBED UNDER LAW FOR THE
11 VIOLATION CHARGED. A DEFAULT DECISION AND ORDER MAY BE OPENED WITHIN ONE
12 YEAR OF ITS ENTRY UPON WRITTEN APPLICATION SHOWING EXCUSABLE DEFAULT AND
13 A DEFENSE TO THE CHARGE; A DEFAULT DECISION AND ORDER MAY THEREAFTER BE
14 OPENED IN THE DISCRETION OF THE DIRECTOR ONLY UPON WRITTEN APPLICATION
15 SHOWING EXCUSABLE DEFAULT, A DEFENSE TO THE CHARGE, AND GOOD CAUSE FOR
16 THE DELAY.
17 E. ANY FINAL ORDER OF THE BUREAU IMPOSING A CIVIL PENALTY, WHETHER THE
18 ADJUDICATION WAS HAD BY HEARING OR UPON DEFAULT OR OTHERWISE, SHALL
19 CONSTITUTE A JUDGMENT RENDERED BY THE BUREAU AGAINST THE RESPONDENT
20 WHICH MAY BE ENTERED IN THE DISTRICT COURT, CITY COURT OR OTHER EQUIV-
21 ALENT COURT OF THE TOWN OR ANY OTHER PLACE PROVIDED FOR THE ENTRY OF
22 CIVIL JUDGMENTS WITHIN THE STATE, AND MAY BE ENFORCED AGAINST THE
23 RESPONDENT AND HIS, HER OR ITS PROPERTY WITHOUT COURT PROCEEDINGS IN THE
24 SAME MANNER AS THE ENFORCEMENT OF MONEY JUDGMENTS ENTERED IN CIVIL
25 ACTIONS; PROVIDED HOWEVER THAT NO SUCH JUDGMENT SHALL BE ENTERED WHICH
26 EXCEEDS THE JURISDICTION OF THE DISTRICT COURT, SUCH CITY COURT OR OTHER
27 COURT.
28 F. NOTWITHSTANDING THE FOREGOING PROVISION, BEFORE A JUDGMENT BASED
29 UPON A DEFAULT MAY BE SO ENTERED THE BUREAU MUST HAVE NOTIFIED THE
30 RESPONDENT BY FIRST CLASS MAIL IN SUCH FORM AS THE DIRECTOR MAY REQUIRE:
31 (1) OF THE DEFAULT DECISION AND ORDER AND THE PENALTY IMPOSED;
32 (2) THAT A JUDGMENT MAY BE ENTERED IN THE DISTRICT COURT, CITY COURT
33 OR OTHER EQUIVALENT COURT OF THE TOWN OR ANY OTHER PLACE PROVIDED FOR
34 THE ENTRY OF CIVIL JUDGMENTS WITHIN THE STATE OF NEW YORK; AND
35 (3) THAT ENTRY OF SUCH JUDGMENT MAY BE AVOIDED BY REQUESTING A STAY OF
36 DEFAULT FOR GOOD CAUSE SHOWN AND EITHER REQUESTING A HEARING OR ENTERING
37 A PLEA PURSUANT TO THE RULES OF THE BUREAU WITHIN THIRTY DAYS OF THE
38 MAILING OF SUCH NOTICE.
39 G. THE BUREAU SHALL NOT ENTER ANY FINAL DECISION OR ORDER UNLESS THE
40 NOTICE OF VIOLATION SHALL HAVE BEEN SERVED IN THE SAME MANNER AS IS
41 PRESCRIBED FOR SERVICE OF PROCESS BY ARTICLE THREE OF THE CIVIL PRACTICE
42 LAW AND RULES OR ARTICLE THREE OF THE BUSINESS CORPORATION LAW, EXCEPT
43 THAT:
44 (1) SERVICE OF A NOTICE OF VIOLATION MAY BE MADE BY DELIVERING SUCH
45 NOTICE TO A PERSON EMPLOYED BY THE RESPONDENT
46 (A) TO WORK ON THE PREMISES THE OCCUPANCY OF WHICH CAUSED SUCH
47 VIOLATION, OR
48 (B) AT THE PREMISES AT WHICH THE RESPONDENT ACTUALLY CONDUCTS THE
49 BUSINESS THE OPERATION OF WHICH GAVE RISE TO THE VIOLATION, OR
50 (C) AT THE SITE OF THE WORK WITH RESPECT TO WHICH THE VIOLATION
51 OCCURRED, OR
52 (D) AT THE PLACE AT WHICH THE VIOLATION OCCURRED;
53 (2) SERVICE OF A NOTICE OF VIOLATION MAY BE MADE BY CERTIFIED MAIL,
54 RETURN RECEIPT REQUESTED; AND
55 (3) A NOTICE OF VIOLATION OF ANY CODE OR ORDINANCE RELATING TO THE
56 PREVENTION OF NOISE POLLUTION CAUSED BY AN AUDIBLE MOTOR VEHICLE BURGLAR
A. 5859 6
1 ALARM OR RELATING TO THE PARKING, STOPPING OR STANDING OF A MOTOR VEHI-
2 CLE MAY BE SERVED UPON THE OWNER OF SUCH MOTOR VEHICLE BY AFFIXING SUCH
3 NOTICE TO SUCH VEHICLE IN A CONSPICUOUS PLACE.
4 H. PROOF OF SERVICE MADE PURSUANT TO THIS ARTICLE SHALL BE FILED WITH
5 THE BUREAU AND, WHERE SERVICE IS MADE BY CERTIFIED MAIL PURSUANT TO
6 PARAGRAPH TWO OF SUBDIVISION G OF THIS SECTION, SHALL INCLUDE THE RETURN
7 RECEIPT EVIDENCING RECEIPT OF THE NOTICE SERVED BY MAIL. SERVICE SHALL
8 BE COMPLETE TEN DAYS AFTER SUCH FILING.
9 I. WHERE ANY FINAL DECISION OR ORDER MAY NOT BE ENTERED AND ENFORCED
10 AS A JUDGMENT BECAUSE THE AMOUNT OF CIVIL PENALTY EXCEEDS THE JURISDIC-
11 TIONAL AMOUNT OF THE DISTRICT COURT, CITY COURT OR OTHER EQUIVALENT
12 COURT OF THE TOWN, WITH RESPECT TO ACTIONS AND PROCEEDINGS FOR THE
13 RECOVERY OF MONEY, SUCH DECISION OR ORDER MAY BE ENFORCED BY THE
14 COMMENCEMENT OF AN ACTION OR PROCEEDING FOR THE RECOVERY OF SUCH CIVIL
15 PENALTIES IN A COURT OF COMPETENT JURISDICTION BY THE TOWN.
16 J. WHERE SERVICE OF A NOTICE OF VIOLATION IS NOT MADE IN A MANNER
17 AUTHORIZED BY LAW FOR THE VIOLATION CHARGED, IT SHALL BE DISMISSED AT
18 THE REQUEST OF THE RESPONDENT OR THE ADMINISTRATIVE LAW JUDGE MAY
19 DISMISS THE NOTICE OF VIOLATION UPON HIS OR HER OWN MOTION.
20 S 395. ADMINISTRATIVE APPEALS PANEL. A. THERE SHALL BE ONE OR MORE
21 ADMINISTRATIVE APPEALS PANELS WITHIN THE BUREAU. EACH PANEL SHALL
22 CONSIST OF THREE ADMINISTRATIVE LAW JUDGES. IN NO EVENT SHALL THE ADMIN-
23 ISTRATIVE LAW JUDGE FROM WHOM SUCH APPEAL OF A DECISION, DETERMINATION
24 OR ORDER IS TAKEN BE INCLUDED IN THE PANEL DETERMINING SUCH APPEAL.
25 ADMINISTRATIVE LAW JUDGES SERVING ON THE ADMINISTRATIVE APPEALS PANEL
26 SHALL NOT REGULARLY CONDUCT ADMINISTRATIVE HEARINGS, BUT SHALL SERVE
27 PRIMARILY AS ADMINISTRATIVE APPEALS PANEL MEMBERS.
28 B. A RESPONDENT MAY APPEAL, ON THE FACTS AND/OR THE LAW, A FINAL DECI-
29 SION, FINAL DETERMINATION OR FINAL ORDER. AN AGENCY AGGRIEVED BY A FINAL
30 DECISION, FINAL DETERMINATION OR FINAL ORDER MAY APPEAL ON THE LAW, BUT
31 ONLY AFTER NOTICE TO THE RESPONDENT AND A FINDING BY THE APPEALS PANEL
32 THAT THE ISSUE UPON WHICH THE AGENCY SEEKS TO APPEAL IS SIGNIFICANT AND
33 AFFECTS THE AGENCY'S LEGITIMATE ENFORCEMENT FUNCTIONS.
34 C. UPON RENDERING A DECISION, MAKING A FINAL DETERMINATION OR ISSUING
35 A FINAL ORDER, THE ADMINISTRATIVE LAW JUDGE SHALL PROVIDE THE NON-AGENCY
36 PARTY WITH A FORM NOTICE OF APPEAL AND SHALL EXPLAIN TO SUCH PARTY ON
37 THE RECORD
38 (1) THE METHOD OF FILING THE NOTICE AND THE APPLICABLE TIME LIMITS;
39 (2) THE REQUIREMENTS OF SUBDIVISION F OF THIS SECTION CONCERNING THE
40 PAYMENT OF PENALTIES AND POSTING OF BONDS PENDING APPEAL, INCLUDING THE
41 RIGHT TO REQUEST EXEMPTION THEREFROM; AND
42 (3) THAT NO FURTHER COURT CHALLENGE IS PERMITTED BY LAW UNLESS AN
43 ADMINISTRATIVE APPEAL IS TAKEN.
44 D. NOTICE OF APPEAL SHALL BE FILED WITH THE APPEALS PANEL WITHIN THIR-
45 TY DAYS OF THE ENTRY OF SUCH DECISION, DETERMINATION OR ORDER. IF NO
46 SUCH NOTICE OF APPEAL IS FILED WITHIN SUCH THIRTY DAY PERIOD, SUCH DECI-
47 SION, DETERMINATION OR ORDER SHALL FINALLY AND IRREVOCABLY DETERMINE ALL
48 THE ISSUES IN THE PROCEEDING BEFORE THE ADMINISTRATIVE LAW JUDGE.
49 E. FOR GOOD CAUSE SHOWN, THE ADMINISTRATIVE APPEALS PANEL MAY PERMIT
50 THE FILING OF A NOTICE OF APPEAL AFTER THE THIRTY DAY PERIOD.
51 F. THE APPEALS PANEL SHALL HAVE THE POWER TO REVIEW THE RECORD AND THE
52 FINDINGS OF THE ADMINISTRATIVE LAW JUDGE AND MAY REVERSE, MODIFY OR
53 REMAND ANY SUCH DECISION, DETERMINATION OR ORDER APPEALED THEREFROM.
54 G. EXCEPT AS OTHERWISE PROVIDED IN THIS SUBDIVISION NO APPEAL OF A
55 DECISION, DETERMINATION OR ORDER OF AN ADMINISTRATIVE LAW JUDGE IMPOSING
56 CIVIL PENALTIES SHALL BE DECIDED UNLESS SUCH CIVIL PENALTIES ARE PAID OR
A. 5859 7
1 A CASH OR RECOGNIZED SURETY COMPANY BOND SHALL HAVE BEEN POSTED IN THE
2 FULL AMOUNT OF SUCH CIVIL PENALTIES. NO SUCH PAYMENT OR POSTING OF SUCH
3 BOND SHALL BE REQUIRED WHERE THE RESPONDENT IS THE HOLDER OF A CURRENT
4 LICENSE OR PERMIT FOR THE OPERATION OF A BUSINESS ISSUED BY AN AGENCY OR
5 OFFICER OF SUCH CITY. UPON A SHOWING OF UNDUE HARDSHIP OR WHERE JUSTICE
6 MAY REQUIRE, THE ADMINISTRATIVE LAW JUDGE WHO DECIDED THE CASE OR APPEL-
7 LATE PANEL TO WHICH THE APPEAL IS ASSIGNED MAY ORDER THAT THE APPEAL
8 SHALL BE DECIDED WITHOUT REQUIRING SUCH PAYMENT OR POSTING OF SUCH BOND.
9 H. THE DIRECTOR OF THE BUREAU SHALL PROMULGATE RULES GOVERNING THE
10 PRACTICE AND PROCEDURE OF APPEALS TO THE ADMINISTRATIVE APPEALS PANEL
11 PURSUANT TO THIS SECTION.
12 I. THE DETERMINATION OF THE APPEALS PANEL SHALL BE RENDERED WITHIN
13 NINETY DAYS AFTER THE SUBMISSION OF ALL RELEVANT PAPERS TO THE PANEL, OR
14 IF ORAL ARGUMENT IS PERMITTED, WITHIN NINETY DAYS AFTER SUCH ORAL ARGU-
15 MENT.
16 J. THE DETERMINATION OF THE APPEALS PANEL SHALL BE THE FINAL DETERMI-
17 NATION OF THE BUREAU FOR THE PURPOSES OF REVIEW PURSUANT TO ARTICLE
18 SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
19 K. WHERE THE RESPONDENT PREVAILS IN ANY PROCEEDING PURSUANT TO THIS
20 SECTION, CIVIL PENALTIES PAID TO THE TOWN SHALL BE RETURNED WITH INTER-
21 EST AT THE RATE SET BY THE COMMISSIONER OF FINANCE OF THE CITY OF NEW
22 YORK FOR THE REFUND OF OVERPAYMENTS OF BUSINESS TAXES PURSUANT TO
23 SECTION 11-537 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
24 S 396. JUDICIAL ENFORCEMENT. ANY ORDER OR SUBPOENA OR ANY FINAL DECI-
25 SION OR DETERMINATION RENDERED BY THE BUREAU SHALL BE SUBJECT TO
26 ENFORCEMENT BY THE JUDICIARY IN AN ACTION OR PROCEEDING COMMENCED IN A
27 COURT OF COMPETENT JURISDICTION BY THE PREVAILING PARTY INCLUDING THE
28 TOWN.
29 S 397. RESTRICTION ON COLLATERAL USE. DECISIONS, DETERMINATIONS AND
30 ORDERS ISSUED BY THE BUREAU SHALL NOT BE CITED, AND SHALL NOT BE CONSID-
31 ERED PRECEDENT NOR BE GIVEN ANY FORCE OR EFFECT IN ANY CRIMINAL PROCEED-
32 ING.
33 S 2. Severability. If any provision of this act or the application
34 thereof shall for any reason be adjudged by any court of competent
35 jurisdiction to be invalid, such judgment shall not affect, impair, or
36 invalidate the remainder of this act, but shall be confined in its oper-
37 ation to the provision thereof directly involved in the controversy in
38 which such judgment shall have been rendered.
39 S 3. This act shall take effect immediately.
