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:

  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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07906-01-3
              

A. 5859                             2

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
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.

A. 5859                             3

  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;
  (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.

A. 5859                             4

  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
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

A. 5859                             5

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
  (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

A. 5859                             6

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
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. 5859                             7

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.