S T A T E O F N E W Y O R K
________________________________________________________________________
7304
2009-2010 Regular Sessions
I N A S S E M B L Y
March 27, 2009
___________
Introduced by M. of A. ALESSI -- read once and referred to the Committee
on Transportation
AN ACT to amend the public authorities law, in relation to establishing
an office of E-ZPass dispute resolution and dispute resolution process
for claims of erroneous collection charges by E-ZPass customers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public authorities law is amended by adding two new
sections 2857 and 2859 to read as follows:
S 2857. OFFICE OF E-ZPASS DISPUTE RESOLUTION. 1. THERE SHALL BE AN
OFFICE OF E-ZPASS DISPUTE RESOLUTION TO HANDLE FORMAL APPEALS FOR CLAIMS
OF ERRONEOUS COLLECTION CHARGES.
2. THE GOVERNOR SHALL APPOINT A DISPUTE RESOLUTION OFFICER TO HEAR
CLAIMS OF ERRONEOUS CHARGES BROUGHT BY E-ZPASS CUSTOMERS.
3. THE GOVERNOR SHALL SET COMPENSATION FOR SUCH OFFICER UPON APPROVAL
OF THE LEGISLATURE.
4. THE OFFICER MAY HIRE INDIVIDUALS TO RUN THE OFFICE WITH THE
APPROVAL OF THE GOVERNOR.
5. THE OFFICE SHALL CREATE RULES AND REGULATIONS TO ADMINISTER THE
DISPUTE RESOLUTION PROCESS ESTABLISHED IN SECTION TWENTY-EIGHT HUNDRED
FIFTY-NINE OF THIS TITLE.
S 2859. E-ZPASS; DISPUTE RESOLUTION PROCESS. E-ZPASS CUSTOMERS MAY
BRING A CLAIM OF ERRONEOUS COLLECTION CHARGES THROUGH THE FOLLOWING
PROCESS:
1. THE INDIVIDUAL MUST FILE A COMPLAINT WITH THE OFFICE OF E-ZPASS
DISPUTE RESOLUTION;
2. THE OFFICE OF E-ZPASS DISPUTE RESOLUTION SHALL HOLD A HEARING WITH-
IN THIRTY DAYS OF RECEIPT OF THE COMPLAINT;
3. THE AGGRIEVED PERSON SHALL HAVE THE OPPORTUNITY TO BE HEARD EITHER
IN PERSON OR IN WRITING THROUGH DOCUMENTATION AND OTHER EVIDENCE;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10791-01-9
A. 7304 2
4. THE OFFICE OF E-ZPASS DISPUTE RESOLUTION SHALL ENSURE THERE IS A
RECORDING OF ANY ORAL TESTIMONY THAT IS TAKEN;
5. A DECISION SHALL BE RENDERED WITHIN THIRTY DAYS OF THE HEARING.
S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date is
authorized and directed to be made and completed on or before such
effective date.