senate Bill S7033C

Authorizes the creation of certain local civil administrative enforcement bureaus

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 24 / Apr / 2012
    • REFERRED TO LOCAL GOVERNMENT
  • 01 / May / 2012
    • AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • 01 / May / 2012
    • PRINT NUMBER 7033A
  • 11 / May / 2012
    • AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • 11 / May / 2012
    • PRINT NUMBER 7033B
  • 18 / May / 2012
    • AMEND AND RECOMMIT TO LOCAL GOVERNMENT
  • 18 / May / 2012
    • PRINT NUMBER 7033C
  • 06 / Jun / 2012
    • 1ST REPORT CAL.1126
  • 11 / Jun / 2012
    • 2ND REPORT CAL.
  • 12 / Jun / 2012
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2012
    • HOME RULE REQUEST
  • 21 / Jun / 2012
    • PASSED SENATE
  • 21 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 21 / Jun / 2012
    • REFERRED TO CODES

Summary

Authorizes the creation of certain local civil administrative enforcement bureaus.

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Bill Details

See Assembly Version of this Bill:
A9918C
Versions:
S7033
S7033A
S7033B
S7033C
Legislative Cycle:
2011-2012
Current Committee:
Assembly Codes
Law Section:
General Municipal Law
Laws Affected:
Add Art 14-BBB ยงยง390 - 397, Gen Muni L

Sponsor Memo

BILL NUMBER:S7033C

TITLE OF BILL:
An act
to amend the general municipal law, in relation to authorizing
the creation of certain
local civil administrative enforcement bureaus

PURPOSE:
This legislation authorizes the creation of
a local civil
administrative enforcement bureau in the Town of Huntington.

SUMMARY OF PROVISIONS:
The General Municipal Law is amended by adding
a new article 14-BBB to allow the Town of Huntington to create a
local civil administrative enforcement bureau in the Town of
Huntington. Section 390 allows the municipality to adopt a local law
to establish an administrative enforcement hearing procedure. Section
391 provides for the creation of a director of the bureau. Section
392 provides for the appointment of administrative law judges.
Section 393 allows for the imposition of civil penalties. Section 394
provides for the commencement of proceedings in accordance to the
rules provided in this section and promulgated by the director.
Section 395 provides for the creation of an Administrative appeals
panel for the review of Bureau decisions. Section 396 provides for
judicial enforcement and Section 397 provides for restriction of
collateral use.

JUSTIFICATION:
This legislation was introduced at the request of the
Town of Huntington.
Long Island's District Courts are amongst the busiest in the state and
as a result, it can take a year or more to prosecute and settle
violations of local laws, codes and ordinances. The nature of the
infractions often involve purely civil violations that could be
better and more expeditiously resolved in an administrative forum.
This bill would allow for the creation, by local law, of a civil
administrative enforcement bureau.

LEGISLATIVE HISTORY:
S.8341/A.11556 of 2010.

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 7033--C                                            A. 9918--C

                      S E N A T E - A S S E M B L Y

                             April 24, 2012
                               ___________

IN  SENATE  --  Introduced  by Sen. MARCELLINO -- read twice and ordered
  printed, and when printed to be committed to the  Committee  on  Local
  Government -- committee discharged, bill amended, ordered reprinted as
  amended  and  recommitted  to  said committee -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee  -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

IN ASSEMBLY -- Introduced by M. of A.  CONTE,  RAIA  --  read  once  and
  referred   to   the   Committee  on  Local  Governments  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- again reported from said  committee  with  amend-
  ments,  ordered reprinted as amended and recommitted to said committee
  --  again  reported  from  said  committee  with  amendments,  ordered
  reprinted as amended and recommitted to said committee

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:

  Section  1. The general municipal law is amended by adding a new arti-
cle 14-BBB to read as follows:
                             ARTICLE 14-BBB
              LOCAL CIVIL ADMINISTRATIVE ENFORCEMENT BUREAU
SECTION 390. CODE AND ORDINANCE VIOLATIONS; ADMINISTRATIVE ENFORCEMENT.
        391. DIRECTOR.
        392. ADMINISTRATIVE LAW JUDGES.
        393. JURISDICTION TO IMPOSE CIVIL PENALTIES.
        394. COMMENCEMENT OF PROCEEDINGS; DEFAULT JUDGMENTS.
        395. ADMINISTRATIVE APPEALS PANEL.
        396. JUDICIAL ENFORCEMENT.
        397. RESTRICTION ON COLLATERAL USE.
  S 390. CODE AND ORDINANCE VIOLATIONS; ADMINISTRATIVE ENFORCEMENT.  THE
TOWN OF HUNTINGTON IN THE COUNTY OF SUFFOLK MAY ADOPT A LOCAL LAW ESTAB-
LISHING  AN  ADMINISTRATIVE  ENFORCEMENT  HEARING  PROCEDURE  UNDER  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04431-05-2

S. 7033--C                          2                         A. 9918--C

PROVISIONS OF THIS ARTICLE FOR ALL CODE AND ORDINANCE VIOLATIONS REGARD-
ING CONDITIONS WHICH CONSTITUTE A THREAT OR DANGER TO THE PUBLIC HEALTH,
SAFETY  OR  WELFARE. SUCH BUREAUS SHALL BE RESPONSIBLE FOR THE IMPARTIAL
ADMINISTRATION AND CONDUCT OF ENFORCEMENT PROCEEDINGS IN SUCH TOWN.
  S  391.  DIRECTOR. A. THE HEAD OF THE BUREAU SHALL BE THE DIRECTOR WHO
SHALL BE THE CHIEF ADMINISTRATIVE LAW JUDGE OF THE BUREAU AND SHALL HAVE
ALL THE POWERS OF AN ADMINISTRATIVE LAW JUDGE PURSUANT TO THIS  SECTION.
THE DIRECTOR SHALL BE APPOINTED BY THE GOVERNING BODY OF SUCH TOWN FOR A
TERM OF FIVE YEARS.  THE DIRECTOR SHALL BE REMOVABLE ONLY FOR NEGLECT OF
DUTY  OR  MISFEASANCE  IN  OFFICE  AFTER NOTICE AND AN OPPORTUNITY FOR A
HEARING. ONCE APPOINTED AND CONFIRMED, THE DIRECTOR  SHALL  SERVE  UNTIL
HIS  OR  HER  TERM  EXPIRES  AND  UNTIL  HIS  OR  HER SUCCESSOR HAS BEEN
APPOINTED AND CONFIRMED. THE DIRECTOR SHALL DEVOTE  HIS  OR  HER  ENTIRE
WORK TIME TO THE DUTIES OF THE OFFICE.
  B. THE DIRECTOR SHALL BE AN ATTORNEY ADMITTED TO PRACTICE FOR AT LEAST
FIVE  YEARS  IN  THE STATE OF NEW YORK AND SHALL BE KNOWLEDGEABLE ON THE
SUBJECT OF ADMINISTRATIVE LAW AND PROCEDURES.
  C. THE DIRECTOR SHALL HAVE THE POWER TO  PROMULGATE  RULES  CONSISTENT
WITH  THIS  ARTICLE  FOR  THE  PRACTICE AND PROCEDURE OF THE BUREAU, THE
CONDUCT OF ENFORCEMENT PROCEEDINGS AND THE DISMISSAL  OR  SETTLEMENT  OF
SUCH PROCEEDINGS.
  D. THE DIRECTOR SHALL DEVELOP AND IMPLEMENT A PROGRAM OF EVALUATION TO
AID IN THE PERFORMANCE OF HIS OR HER DUTIES, AND TO ASSIST IN THE MAKING
OF  PROMOTIONS,  DEMOTIONS OR REMOVALS. THIS PROGRAM OF EVALUATION SHALL
FOCUS ON THREE AREAS OF PERFORMANCE: COMPETENCE, PRODUCTIVITY AND DEMEA-
NOR. IT SHALL INCLUDE  CONSIDERATION  OF:  INDUSTRY  AND  PROMPTNESS  IN
ADHERING  TO  SCHEDULES,  MAKING RULINGS AND RENDERING DECISIONS; TOLER-
ANCE, COURTESY, PATIENCE, ATTENTIVENESS, AND  SELF  CONTROL  IN  DEALING
WITH  LITIGANTS,  WITNESSES  AND  REPRESENTATIVES, AND IN PRESIDING OVER
ENFORCEMENT PROCEEDINGS; SKILLS AND KNOWLEDGE OF THE SUBJECT OF ADMINIS-
TRATIVE LAW AND PROCEDURES  AND  NEW  DEVELOPMENTS  THEREIN;  ANALYTICAL
TALENTS  AND  WRITING ABILITIES; SETTLEMENT SKILLS; QUANTITY, NATURE AND
QUALITY OF CASE LOAD DISPOSITION;  IMPARTIALITY  AND  CONSCIENTIOUSNESS.
THE  DIRECTOR  SHALL  DEVELOP STANDARDS AND PROCEDURES FOR THIS PROGRAM,
WHICH SHALL INCLUDE TAKING COMMENTS FROM SELECTED LITIGANTS  AND  REPRE-
SENTATIVES WHO HAVE APPEARED BEFORE AN ADMINISTRATIVE JUDGE. THE METHODS
USED  BY  AN  ADMINISTRATIVE JUDGE BUT NOT THE RESULTS ARRIVED AT BY THE
ADMINISTRATIVE LAW JUDGE IN ANY CASE MAY BE USED IN EVALUATING AN ADMIN-
ISTRATIVE JUDGE. BEFORE IMPLEMENTING ANY ACTION BASED UPON  THE  FINDING
OF  THE  EVALUATION PROGRAM, THE DIRECTOR SHALL DISCUSS THE FINDINGS AND
PROPOSED ACTION WITH THE ADMINISTRATIVE LAW JUDGE; PROVIDED HOWEVER THAT
THE DIRECTOR'S AUTHORITY PURSUANT TO THIS SUBDIVISION IS SUBJECT TO  THE
PROVISIONS  OF  THE  CIVIL  SERVICE  LAW  AND  ANY APPLICABLE COLLECTIVE
BARGAINING AGREEMENT.
  E. TO THE EXTENT PERMITTED BY LAW, THE DIRECTOR SHALL PUBLISH AND MAKE
AVAILABLE TO THE PUBLIC ALL SIGNIFICANT DECISIONS RENDERED  BY  ADMINIS-
TRATIVE  LAW  JUDGES  AND  ALL  DECISIONS RENDERED BY THE ADMINISTRATIVE
APPEALS PANELS. THE DIRECTOR MAY CHARGE A REASONABLE FEE FOR A  COPY  OF
SUCH  DETERMINATION  OR  DECISION.  WHENEVER  ANY LAW OF CONFIDENTIALITY
PREVENTS THE PUBLICATION OF THE IDENTITY OF ANY OF THE PARTIES, AN EDIT-
ED VERSION OF THE DECISION SHALL BE PREPARED WHICH  SHALL  NOT  DISCLOSE
THE IDENTITIES OF THE PROTECTED PARTIES.
  F.  THE  DIRECTOR  SHALL  COLLECT, COMPILE, AND PUBLISH STATISTICS AND
OTHER DATA WITH RESPECT TO THE OPERATIONS AND DUTIES OF THE  BUREAU  AND
SUBMIT  ANNUALLY TO THE MAYOR, THE TOWN BOARD AND THE PUBLIC A REPORT ON
SUCH OPERATIONS INCLUDING BUT NOT LIMITED TO,  THE  NUMBER  OF  HEARINGS

S. 7033--C                          3                         A. 9918--C

INITIATED,  THE  NUMBER  OF DECISIONS RENDERED, THE NUMBER OF PARTIAL OR
TOTAL REVERSALS BY THE APPEALS PANEL, THE NUMBER OF PROCEEDINGS PENDING,
AND ON ANY RECOMMENDATIONS OF THE  BUREAU  OF  STATUTORY  OR  REGULATORY
AMENDMENTS.
  G.  THE  DIRECTOR  SHALL  STUDY THE SUBJECTS OF ADMINISTRATIVE ADJUDI-
CATION AND ENFORCEMENT IN ALL ASPECTS, AND  DEVELOP  PROGRAMS  INCLUDING
ALTERNATE  DISPUTE  RESOLUTION  AND  INCLUDING PRELIMINARY OR PREHEARING
CONFERENCES OR MEDIATION WHICH WOULD  PROMOTE  THE  GOALS  OF  FAIRNESS,
UNIFORMITY AND COST-EFFECTIVENESS.
  H.  THE  DIRECTOR SHALL ADOPT, PROMULGATE, AMEND AND RESCIND RULES AND
REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS ARTICLE AND THE POLICIES
OF THE BUREAU IN CONNECTION THEREWITH. SUCH RULES AND REGULATIONS  SHALL
SUBSTANTIALLY  COMPLY  WITH  ARTICLE  THREE  OF THE STATE ADMINISTRATIVE
PROCEDURE ACT, SHALL SUPERSEDE ANY INCONSISTENT AGENCY RULES, AND  SHALL
INCLUDE,  BUT NOT BE LIMITED TO, UNIFORM STANDARDS AND PROCEDURES, RULES
OF PRACTICE, STANDARDS FOR DETERMINING WHEN AN EXPEDITED HEARING WILL BE
CONDUCTED, STANDARDS FOR  UNCONTESTED  PROCEEDINGS,  STANDARDS  FOR  THE
ASSIGNMENT  OF  ADMINISTRATIVE  LAW JUDGES AND THEIR REMOVAL FROM CASES,
AND FOR THE MAINTENANCE OF RECORDS.
  I. THE DIRECTOR SHALL SECURE, COMPILE  AND  MAINTAIN  ALL  REPORTS  OF
ADMINISTRATIVE  LAW  JUDGES  ISSUED  PURSUANT  TO THIS ARTICLE, AND SUCH
REFERENCE MATERIALS AND SUPPORTING INFORMATION AS MAY BE APPROPRIATE AND
TO ESTABLISH APPROPRIATE MANAGEMENT INFORMATION SYSTEMS.
  J. THE DIRECTOR SHALL DEVELOP AND MAINTAIN A PROGRAM FOR THE  CONTINU-
ING  TRAINING  AND  EDUCATION OF ADMINISTRATIVE LAW JUDGES AND ANCILLARY
PERSONNEL.
  S 392. ADMINISTRATIVE LAW JUDGES. A. THE DIRECTOR SHALL APPOINT ADMIN-
ISTRATIVE LAW JUDGES WHO SHALL BE ATTORNEYS ADMITTED TO PRACTICE IN  THE
STATE  OF  NEW  YORK  FOR AT LEAST THREE YEARS AND SHALL HAVE SUCH OTHER
QUALIFICATIONS AS MAY BE PRESCRIBED BY THE DIRECTOR.   THE DIRECTOR  MAY
PRESCRIBE  QUALIFICATIONS  FOR  ADMINISTRATIVE LAW JUDGES WHICH MAY VARY
BASED ON THE TYPE OR KIND OF ADJUDICATORY HEARING TO WHICH SUCH ADMINIS-
TRATIVE LAW JUDGE MAY BE ASSIGNED.
  B. THE DIRECTOR MAY PURSUANT TO  RULE  ESTABLISH  SUCH  SPECIAL  UNITS
WITHIN  THE  BUREAU  AS ARE APPROPRIATE TO THE MATTERS BEFORE THE BUREAU
FOR ADJUDICATION.
  C. AN ADMINISTRATIVE LAW JUDGE SHALL NOT PARTICIPATE IN ANY PROCEEDING
TO WHICH HE OR SHE IS A PARTY, IN WHICH HE OR  SHE  HAS  BEEN  ATTORNEY,
COUNSEL  OR  REPRESENTATIVE, IF HE OR SHE IS RELATED BY CONSANGUINITY OR
AFFINITY TO ANY PARTY TO THE CONTROVERSY  WITHIN  THE  SIXTH  DEGREE  OR
WHERE  SUCH PARTICIPATION IS OTHERWISE PROHIBITED BY LAW. ADMINISTRATIVE
LAW JUDGES SHALL ENSURE THAT ALL HEARINGS ARE CONDUCTED IN  A  FAIR  AND
IMPARTIAL MANNER.
  D.  EXCEPT AS OTHERWISE PROVIDED BY LAW, IN THE CONDUCT OF AN ENFORCE-
MENT, AN ADMINISTRATIVE LAW JUDGE MAY:
  (1) HOLD CONFERENCES FOR  THE  SETTLEMENT  OR  SIMPLIFICATION  OF  THE
ISSUES,  PROVIDED THAT THE SETTLEMENT AND DISMISSAL OF PROCEEDINGS SHALL
BE IN ACCORDANCE WITH THE RULES OF THE DIRECTOR;
  (2) ADMINISTER OATHS AND AFFIRMATIONS, EXAMINE  WITNESSES,  RULE  UPON
OFFERS  OF  PROOF,  RECEIVE  EVIDENCE,  AND OVERSEE, REGULATE, ORDER AND
ENFORCE SUCH DISCOVERY AS IS APPROPRIATE UNDER THE CIRCUMSTANCES;
  (3) UPON MOTION OF ANY PARTY INCLUDING AN AGENCY, OR UPON THE ADMINIS-
TRATIVE LAW JUDGE'S OWN MOTION WITH CONSENT OF THE RESPONDENT,  SUBPOENA
THE  ATTENDANCE  OF  WITNESSES  AND THE PRODUCTION OF BOOKS, RECORDS, OR
OTHER INFORMATION;

S. 7033--C                          4                         A. 9918--C

  (4) REGULATE THE COURSE OF THE HEARING IN ACCORDANCE WITH THE RULES OF
THE BUREAU OR OTHER APPLICABLE LAW;
  (5) RULE ON PROCEDURAL REQUESTS OR SIMILAR MATTERS;
  (6) MAKE FINAL FINDINGS OF FACT AND FINAL DECISIONS, DETERMINATIONS OR
ORDERS;
  (7)  WHERE THE BUREAU IS AUTHORIZED TO RENDER A FINAL DECISION, DETER-
MINATION OR ORDER IMPOSING CIVIL PENALTIES, IMPOSE SUCH CIVIL PENALTIES.
NO SUCH CIVIL PENALTY SHALL EXCEED THE MAXIMUM PROVIDED  UNDER  LAW  FOR
THE VIOLATION; AND
  (8) TAKE ANY OTHER ACTION AUTHORIZED BY LAW.
  E.  UNLESS INCONSISTENT WITH THIS ARTICLE, ALL HEARINGS SHALL SUBSTAN-
TIALLY COMPLY WITH THE REQUIREMENTS OF ARTICLE THREE OF THE STATE ADMIN-
ISTRATIVE PROCEDURE ACT.
  F. AN ADMINISTRATIVE LAW JUDGE SHALL  RENDER  ALL  FINDINGS  OF  FACT,
DECISIONS, DETERMINATIONS AND ORDERS IN AN EXPEDITIOUS MANNER.
  G. UNLESS OTHERWISE AUTHORIZED BY LAW AND EXCEPT AS PROVIDED IN SUBDI-
VISION H OF THIS SECTION, AN ADMINISTRATIVE LAW JUDGE SHALL NOT COMMUNI-
CATE  IN CONNECTION WITH ANY ISSUE THAT RELATES IN ANY WAY TO THE MERITS
OF A PROCEEDING PENDING BEFORE THE ADMINISTRATIVE  LAW  JUDGE  WITH  ANY
PERSON  EXCEPT  UPON  NOTICE  AND OPPORTUNITY FOR ALL PARTIES TO PARTIC-
IPATE.
  H. AN ADMINISTRATIVE LAW JUDGE MAY CONSULT ON  QUESTIONS  OF  LAW  AND
MINISTERIAL MATTERS WITH HIS OR HER SUPERVISOR, OTHER ADMINISTRATIVE LAW
JUDGES, AND SUPPORT STAFF OF THE BUREAU, PROVIDED THAT SUCH SUPERVISORS,
ADMINISTRATIVE  LAW  JUDGES  OR  SUPPORT  STAFF HAVE NOT BEEN ENGAGED IN
FUNCTIONS IN CONNECTION WITH THE ENFORCEMENT PROCEEDING UNDER  CONSIDER-
ATION OR A FACTUALLY RELATED PROCEEDING.
  S  393.  JURISDICTION TO IMPOSE CIVIL PENALTIES. A. SUCH LOCAL LAW MAY
AUTHORIZE SUCH BUREAU TO (1) CONDUCT PROCEEDINGS FOR THE ENFORCEMENT  OF
THOSE  CODE  OR  ORDINANCE VIOLATIONS DESCRIBED IN SECTION THREE HUNDRED
NINETY OF THIS ARTICLE FOR WHICH CIVIL PENALTIES MAY BE IMPOSED, AND (2)
TO RENDER DECISIONS AND ORDERS AND IMPOSE THE CIVIL  PENALTIES  PROVIDED
UNDER LAW FOR SUCH VIOLATIONS.
  B.  NO  PERSON  SUBJECT  TO  ANY CHARGES MAY BE SENTENCED TO A TERM OF
IMPRISONMENT UPON BEING FOUND GUILTY THEREOF, NOR MAY AN  ADMINISTRATIVE
LAW JUDGE ORDER THE ARREST OR DETENTION OF ANY PERSON, NOR MAY AN ADMIN-
ISTRATIVE LAW JUDGE DEPRIVE ANY PERSON OF A RIGHT TO COUNSEL.
  S  394.  COMMENCEMENT OF PROCEEDINGS; DEFAULT JUDGMENTS. A. THE BUREAU
SHALL CONDUCT THE PROCEEDINGS AUTHORIZED BY LOCAL LAW IN ACCORDANCE WITH
THIS SECTION AND WITH RULES PROMULGATED BY THE DIRECTOR.
  B. SUCH PROCEEDINGS SHALL BE COMMENCED BY THE  SERVICE  OF  NOTICE  OF
VIOLATION.  THE  NOTICE  OF VIOLATION OR COPY THEREOF WHEN FILLED IN AND
SERVED SHALL CONSTITUTE NOTICE OF THE VIOLATION CHARGED, AND,  IF  SWORN
TO  OR  AFFIRMED,  SHALL  BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED
THEREIN.   THE NOTICE OF VIOLATION  WHEN  SWORN  TO  OR  AFFIRMED  SHALL
CONSTITUTE THE TESTIMONY OF THE SIGNATOR AND, WHEN FILED WITH THE BUREAU
SHALL  BE ADMITTED INTO EVIDENCE AS SUCH TESTIMONY AT ANY HEARING ON THE
VIOLATION CHARGED. EVERY SUCH NOTICE OF VIOLATION  SHALL  STATE  WHETHER
THE  FACTS SET FORTH THEREIN ARE KNOWN PERSONALLY TO THE SIGNATOR AND IF
THE FACTS ARE NOT SO KNOWN THE NOTICE OF  VIOLATION  SHALL  SPECIFICALLY
IDENTIFY  THE  SOURCE  OF  KNOWLEDGE  OF  SUCH  FACTS. IF THE RESPONDENT
DISPUTES THE FACTS STATED IN THE NOTICE OF VIOLATION, THE ADMINISTRATIVE
LAW JUDGE, WHERE APPROPRIATE MAY REJECT  THE  SIGNATOR'S  FACTS,  ACCEPT
FACTS THE RESPONDENT OFFERS, OR DIRECT THE SIGNATOR'S APPEARANCE.
  C.  (1)  THE  FORM  AND  WORDING  OF  NOTICES  OF  VIOLATION  SHALL BE
PRESCRIBED BY THE DIRECTOR.   THE  NOTICE  OF  VIOLATION  SHALL  CONTAIN

S. 7033--C                          5                         A. 9918--C

INFORMATION  ADVISING  THE  PERSON CHARGED OF THE MANNER AND THE TIME IN
WHICH SUCH PERSON MAY EITHER ADMIT OR DENY THE VIOLATION CHARGED IN  THE
NOTICE.  SUCH NOTICE OF VIOLATION SHALL ALSO CONTAIN A WARNING TO ADVISE
THE  PERSON  CHARGED THAT FAILURE TO PLEAD IN THE MANNER AND TIME STATED
IN THE NOTICE MAY RESULT IN A DEFAULT DECISION AND ORDER  BEING  ENTERED
AGAINST  SUCH  PERSON. THE ORIGINAL OR A COPY OF THE NOTICE OF VIOLATION
SHALL BE FILED AND RETAINED BY THE BUREAU AND SHALL BE DEEMED  A  RECORD
KEPT IN THE ORDINARY COURSE OF BUSINESS.
  (2)  EVERY  NOTICE  OF  VIOLATION  SHALL IDENTIFY THE PROVISION OF LAW
CHARGED AND SHALL SET FORTH THE FACTUAL BASIS FOR THE VIOLATION. WHERE A
NOTICE OF VIOLATION DOES NOT  CONTAIN  THIS  INFORMATION,  IT  SHALL  BE
DISMISSED  AT  THE  REQUEST  OF THE RESPONDENT OR THE ADMINISTRATIVE LAW
JUDGE MAY DISMISS THE NOTICE OF VIOLATION UPON HIS OR HER OWN MOTION.
  D. WHERE A RESPONDENT HAS FAILED TO PLEAD WITHIN THE TIME  ALLOWED  BY
CONTROLLING LAW OR, IF THERE IS NO SUCH CONTROLLING LAW, BY THE RULES OF
THE  BUREAU,  OR  HAS FAILED TO APPEAR ON A DESIGNATED HEARING DATE OR A
SUBSEQUENT DATE FOLLOWING AN  ADJOURNMENT,  SUCH  FAILURE  TO  PLEAD  OR
APPEAR  SHALL BE DEEMED, FOR ALL PURPOSES, TO BE AN ADMISSION OF LIABIL-
ITY AND SHALL BE GROUNDS FOR RENDERING  A  DEFAULT  DECISION  AND  ORDER
IMPOSING A PENALTY UP TO THE MAXIMUM AMOUNT PRESCRIBED UNDER LAW FOR THE
VIOLATION CHARGED. A DEFAULT DECISION AND ORDER MAY BE OPENED WITHIN ONE
YEAR OF ITS ENTRY UPON WRITTEN APPLICATION SHOWING EXCUSABLE DEFAULT AND
A  DEFENSE TO THE CHARGE; A DEFAULT DECISION AND ORDER MAY THEREAFTER BE
OPENED IN THE DISCRETION OF THE DIRECTOR ONLY UPON  WRITTEN  APPLICATION
SHOWING  EXCUSABLE  DEFAULT, A DEFENSE TO THE CHARGE, AND GOOD CAUSE FOR
THE DELAY.
  E. ANY FINAL ORDER OF THE BUREAU IMPOSING A CIVIL PENALTY, WHETHER THE
ADJUDICATION WAS HAD BY HEARING OR  UPON  DEFAULT  OR  OTHERWISE,  SHALL
CONSTITUTE  A  JUDGMENT  RENDERED  BY  THE BUREAU AGAINST THE RESPONDENT
WHICH MAY BE ENTERED IN THE DISTRICT COURT, CITY COURT OR  OTHER  EQUIV-
ALENT  COURT  OF  THE  TOWN OR ANY OTHER PLACE PROVIDED FOR THE ENTRY OF
CIVIL JUDGMENTS WITHIN THE  STATE,  AND  MAY  BE  ENFORCED  AGAINST  THE
RESPONDENT AND HIS, HER OR ITS PROPERTY WITHOUT COURT PROCEEDINGS IN THE
SAME  MANNER  AS  THE  ENFORCEMENT  OF  MONEY JUDGMENTS ENTERED IN CIVIL
ACTIONS; PROVIDED HOWEVER THAT NO SUCH JUDGMENT SHALL BE  ENTERED  WHICH
EXCEEDS THE JURISDICTION OF THE DISTRICT COURT, SUCH CITY COURT OR OTHER
COURT.
  F.  NOTWITHSTANDING  THE  FOREGOING PROVISION, BEFORE A JUDGMENT BASED
UPON A DEFAULT MAY BE SO ENTERED  THE  BUREAU  MUST  HAVE  NOTIFIED  THE
RESPONDENT BY FIRST CLASS MAIL IN SUCH FORM AS THE DIRECTOR MAY REQUIRE:
  (1) OF THE DEFAULT DECISION AND ORDER AND THE PENALTY IMPOSED;
  (2)  THAT  A JUDGMENT MAY BE ENTERED IN THE DISTRICT COURT, CITY COURT
OR OTHER EQUIVALENT COURT OF THE TOWN OR ANY OTHER  PLACE  PROVIDED  FOR
THE ENTRY OF CIVIL JUDGMENTS WITHIN THE STATE OF NEW YORK; AND
  (3) THAT ENTRY OF SUCH JUDGMENT MAY BE AVOIDED BY REQUESTING A STAY OF
DEFAULT FOR GOOD CAUSE SHOWN AND EITHER REQUESTING A HEARING OR ENTERING
A  PLEA  PURSUANT  TO  THE RULES OF THE BUREAU WITHIN THIRTY DAYS OF THE
MAILING OF SUCH NOTICE.
  G. THE BUREAU SHALL NOT ENTER ANY FINAL DECISION OR ORDER  UNLESS  THE
NOTICE  OF  VIOLATION  SHALL  HAVE  BEEN SERVED IN THE SAME MANNER AS IS
PRESCRIBED FOR SERVICE OF PROCESS BY ARTICLE THREE OF THE CIVIL PRACTICE
LAW AND RULES OR ARTICLE THREE OF THE BUSINESS CORPORATION  LAW,  EXCEPT
THAT:
  (1)  SERVICE  OF  A NOTICE OF VIOLATION MAY BE MADE BY DELIVERING SUCH
NOTICE TO A PERSON EMPLOYED BY THE RESPONDENT

S. 7033--C                          6                         A. 9918--C

  (A) TO WORK ON  THE  PREMISES  THE  OCCUPANCY  OF  WHICH  CAUSED  SUCH
VIOLATION, OR
  (B)  AT  THE  PREMISES  AT  WHICH THE RESPONDENT ACTUALLY CONDUCTS THE
BUSINESS THE OPERATION OF WHICH GAVE RISE TO THE VIOLATION, OR
  (C) AT THE SITE OF THE  WORK  WITH  RESPECT  TO  WHICH  THE  VIOLATION
OCCURRED, OR
  (D) AT THE PLACE AT WHICH THE VIOLATION OCCURRED;
  (2)  SERVICE  OF  A NOTICE OF VIOLATION MAY BE MADE BY CERTIFIED MAIL,
RETURN RECEIPT REQUESTED; AND
  (3) A NOTICE OF VIOLATION OF ANY CODE OR  ORDINANCE  RELATING  TO  THE
PREVENTION OF NOISE POLLUTION CAUSED BY AN AUDIBLE MOTOR VEHICLE BURGLAR
ALARM  OR RELATING TO THE PARKING, STOPPING OR STANDING OF A MOTOR VEHI-
CLE MAY BE SERVED UPON THE OWNER OF SUCH MOTOR VEHICLE BY AFFIXING  SUCH
NOTICE TO SUCH VEHICLE IN A CONSPICUOUS PLACE.
  H.  PROOF OF SERVICE MADE PURSUANT TO THIS ARTICLE SHALL BE FILED WITH
THE BUREAU AND, WHERE SERVICE IS MADE  BY  CERTIFIED  MAIL  PURSUANT  TO
PARAGRAPH TWO OF SUBDIVISION G OF THIS SECTION, SHALL INCLUDE THE RETURN
RECEIPT  EVIDENCING  RECEIPT OF THE NOTICE SERVED BY MAIL. SERVICE SHALL
BE COMPLETE TEN DAYS AFTER SUCH FILING.
  I. WHERE ANY FINAL DECISION OR ORDER MAY NOT BE ENTERED  AND  ENFORCED
AS  A JUDGMENT BECAUSE THE AMOUNT OF CIVIL PENALTY EXCEEDS THE JURISDIC-
TIONAL AMOUNT OF THE DISTRICT COURT,  CITY  COURT  OR  OTHER  EQUIVALENT
COURT  OF  THE  TOWN,  WITH  RESPECT  TO ACTIONS AND PROCEEDINGS FOR THE
RECOVERY OF MONEY, SUCH  DECISION  OR  ORDER  MAY  BE  ENFORCED  BY  THE
COMMENCEMENT  OF  AN ACTION OR PROCEEDING FOR THE RECOVERY OF SUCH CIVIL
PENALTIES IN A COURT OF COMPETENT JURISDICTION BY THE TOWN.
  J. WHERE SERVICE OF A NOTICE OF VIOLATION IS  NOT  MADE  IN  A  MANNER
AUTHORIZED  BY  LAW  FOR THE VIOLATION CHARGED, IT SHALL BE DISMISSED AT
THE REQUEST OF THE  RESPONDENT  OR  THE  ADMINISTRATIVE  LAW  JUDGE  MAY
DISMISS THE NOTICE OF VIOLATION UPON HIS OR HER OWN MOTION.
  S  395.  ADMINISTRATIVE  APPEALS  PANEL. A. THERE SHALL BE ONE OR MORE
ADMINISTRATIVE APPEALS  PANELS  WITHIN  THE  BUREAU.  EACH  PANEL  SHALL
CONSIST OF THREE ADMINISTRATIVE LAW JUDGES. IN NO EVENT SHALL THE ADMIN-
ISTRATIVE  LAW  JUDGE FROM WHOM SUCH APPEAL OF A DECISION, DETERMINATION
OR ORDER IS TAKEN BE INCLUDED IN  THE  PANEL  DETERMINING  SUCH  APPEAL.
ADMINISTRATIVE  LAW  JUDGES  SERVING ON THE ADMINISTRATIVE APPEALS PANEL
SHALL NOT REGULARLY CONDUCT ADMINISTRATIVE  HEARINGS,  BUT  SHALL  SERVE
PRIMARILY AS ADMINISTRATIVE APPEALS PANEL MEMBERS.
  B. A RESPONDENT MAY APPEAL, ON THE FACTS AND/OR THE LAW, A FINAL DECI-
SION, FINAL DETERMINATION OR FINAL ORDER. AN AGENCY AGGRIEVED BY A FINAL
DECISION,  FINAL DETERMINATION OR FINAL ORDER MAY APPEAL ON THE LAW, BUT
ONLY AFTER NOTICE TO THE RESPONDENT AND A FINDING BY THE  APPEALS  PANEL
THAT  THE ISSUE UPON WHICH THE AGENCY SEEKS TO APPEAL IS SIGNIFICANT AND
AFFECTS THE AGENCY'S LEGITIMATE ENFORCEMENT FUNCTIONS.
  C. UPON RENDERING A DECISION, MAKING A FINAL DETERMINATION OR  ISSUING
A FINAL ORDER, THE ADMINISTRATIVE LAW JUDGE SHALL PROVIDE THE NON-AGENCY
PARTY  WITH  A  FORM NOTICE OF APPEAL AND SHALL EXPLAIN TO SUCH PARTY ON
THE RECORD
  (1) THE METHOD OF FILING THE NOTICE AND THE APPLICABLE TIME LIMITS;
  (2) THE REQUIREMENTS OF SUBDIVISION F OF THIS SECTION  CONCERNING  THE
PAYMENT  OF PENALTIES AND POSTING OF BONDS PENDING APPEAL, INCLUDING THE
RIGHT TO REQUEST EXEMPTION THEREFROM; AND
  (3) THAT NO FURTHER COURT CHALLENGE IS  PERMITTED  BY  LAW  UNLESS  AN
ADMINISTRATIVE APPEAL IS TAKEN.
  D. NOTICE OF APPEAL SHALL BE FILED WITH THE APPEALS PANEL WITHIN THIR-
TY  DAYS  OF  THE  ENTRY OF SUCH DECISION, DETERMINATION OR ORDER. IF NO

S. 7033--C                          7                         A. 9918--C

SUCH NOTICE OF APPEAL IS FILED WITHIN SUCH THIRTY DAY PERIOD, SUCH DECI-
SION, DETERMINATION OR ORDER SHALL FINALLY AND IRREVOCABLY DETERMINE ALL
THE ISSUES IN THE PROCEEDING BEFORE THE ADMINISTRATIVE LAW JUDGE.
  E.  FOR  GOOD CAUSE SHOWN, THE ADMINISTRATIVE APPEALS PANEL MAY PERMIT
THE FILING OF A NOTICE OF APPEAL AFTER THE THIRTY DAY PERIOD.
  F. THE APPEALS PANEL SHALL HAVE THE POWER TO REVIEW THE RECORD AND THE
FINDINGS OF THE ADMINISTRATIVE LAW JUDGE  AND  MAY  REVERSE,  MODIFY  OR
REMAND ANY SUCH DECISION, DETERMINATION OR ORDER APPEALED THEREFROM.
  G.  EXCEPT  AS  OTHERWISE  PROVIDED IN THIS SUBDIVISION NO APPEAL OF A
DECISION, DETERMINATION OR ORDER OF AN ADMINISTRATIVE LAW JUDGE IMPOSING
CIVIL PENALTIES SHALL BE DECIDED UNLESS SUCH CIVIL PENALTIES ARE PAID OR
A CASH OR RECOGNIZED SURETY COMPANY BOND SHALL HAVE BEEN POSTED  IN  THE
FULL  AMOUNT OF SUCH CIVIL PENALTIES. NO SUCH PAYMENT OR POSTING OF SUCH
BOND SHALL BE REQUIRED WHERE THE RESPONDENT IS THE HOLDER OF  A  CURRENT
LICENSE OR PERMIT FOR THE OPERATION OF A BUSINESS ISSUED BY AN AGENCY OR
OFFICER  OF SUCH CITY. UPON A SHOWING OF UNDUE HARDSHIP OR WHERE JUSTICE
MAY REQUIRE, THE ADMINISTRATIVE LAW JUDGE WHO DECIDED THE CASE OR APPEL-
LATE PANEL TO WHICH THE APPEAL IS ASSIGNED MAY  ORDER  THAT  THE  APPEAL
SHALL BE DECIDED WITHOUT REQUIRING SUCH PAYMENT OR POSTING OF SUCH BOND.
  H.  THE  DIRECTOR  OF  THE BUREAU SHALL PROMULGATE RULES GOVERNING THE
PRACTICE AND PROCEDURE OF APPEALS TO THE  ADMINISTRATIVE  APPEALS  PANEL
PURSUANT TO THIS SECTION.
  I.  THE  DETERMINATION  OF  THE APPEALS PANEL SHALL BE RENDERED WITHIN
NINETY DAYS AFTER THE SUBMISSION OF ALL RELEVANT PAPERS TO THE PANEL, OR
IF ORAL ARGUMENT IS PERMITTED, WITHIN NINETY DAYS AFTER SUCH ORAL  ARGU-
MENT.
  J.  THE DETERMINATION OF THE APPEALS PANEL SHALL BE THE FINAL DETERMI-
NATION OF THE BUREAU FOR THE PURPOSES  OF  REVIEW  PURSUANT  TO  ARTICLE
SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
  K.  WHERE  THE  RESPONDENT PREVAILS IN ANY PROCEEDING PURSUANT TO THIS
SECTION, CIVIL PENALTIES PAID TO THE TOWN SHALL BE RETURNED WITH  INTER-
EST  AT  THE  RATE SET BY THE COMMISSIONER OF FINANCE OF THE CITY OF NEW
YORK FOR THE REFUND  OF  OVERPAYMENTS  OF  BUSINESS  TAXES  PURSUANT  TO
SECTION 11-537 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
  S  396. JUDICIAL ENFORCEMENT. ANY ORDER OR SUBPOENA OR ANY FINAL DECI-
SION OR DETERMINATION  RENDERED  BY  THE  BUREAU  SHALL  BE  SUBJECT  TO
ENFORCEMENT  BY  THE JUDICIARY IN AN ACTION OR PROCEEDING COMMENCED IN A
COURT OF COMPETENT JURISDICTION BY THE PREVAILING  PARTY  INCLUDING  THE
TOWN.
  S  397.  RESTRICTION  ON COLLATERAL USE. DECISIONS, DETERMINATIONS AND
ORDERS ISSUED BY THE BUREAU SHALL NOT BE CITED, AND SHALL NOT BE CONSID-
ERED PRECEDENT NOR BE GIVEN ANY FORCE OR EFFECT IN ANY CRIMINAL PROCEED-
ING.
  S 2. Severability. If any provision of this  act  or  the  application
thereof  shall  for  any  reason  be  adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect,  impair,  or
invalidate the remainder of this act, but shall be confined in its oper-
ation  to  the provision thereof directly involved in the controversy in
which such judgment shall have been rendered.
  S 3. This act shall take effect immediately.

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