Section 19-206. Hearings  


Latest version.
  • a.  Notice of hearing. Whenever a person charged
      with a parking violation enters a plea of not guilty, the  bureau  shall
      advise such person personally or by registered or certified mail, return
      receipt  requested, of the date on which he or she must appear to answer
      the charge at a hearing. The form and content of such notice of  hearing
      shall  be  prescribed  by  the  director, and shall contain a warning to
      advise the person so  pleading  that  failure  to  appear  on  the  date
      designated,  or  on  any subsequent adjourned date, shall be deemed, for
      all purposes, an admission of liability, and that a default judgment may
      be rendered.
        b. Conduct of Hearings. 1. Every hearing for  the  adjudication  of  a
      charge  of  parking  violation  shall  be  held  before a senior hearing
      examiner or a hearing examiner in accordance with rules and  regulations
      promulgated by the bureau.
        2.  No  charge may be established except upon proof by a preponderance
      of the evidence.
        3. The hearing officer shall not be bound by the rules of evidence  in
      the  conduct  of  the  hearing,  except  rules  relating  to  privileged
      communications.
        4. The hearing officer may, in  his  or  her  discretion,  or  at  the
      request of the person charged, issue a subpoena to compel the appearance
      at  a  hearing  of  the officer who served the notice of violation or of
      other persons to give testimony, and may issue a subpoena duces tecum to
      compel the production for examination or introduction into evidence,  of
      any book, paper or other thing relevant to the charges.
        5.  In  the  case of a refusal to obey a subpoena, the bureau may make
      application to  the  supreme  court  pursuant  to  section  twenty-three
      hundred  eight  of  the  civil  practice  law  and  rules,  for an order
      requiring such apppearance, testimony or production of evidence.
        6. The hearing officer shall not  examine  the  parking  record  of  a
      person charged prior to making a determination.