Section 1209-A. Transit adjudication bureau

1. Establishment. There is
  hereby created in the authority a transit adjudication bureau. The  head
  of  such  bureau shall be the executive director, who shall be appointed
  by the president of the authority. The executive director  may  delegate
  the  powers  and  duties  conferred  upon the executive director by this
  section to such qualified officers and employees of the bureau as he may
  designate.
    2. Hearing officers. The president  of  the  authority  shall  appoint
  hearing  officers  who shall preside at hearings for the adjudication of
  charges  of  transit  infractions,  as  hereinafter  defined   and   the
  adjudication of allegations of liability for violations of the rules and
  regulations  of the triborough bridge and tunnel authority in accordance
  with section two thousand nine hundred eighty-five of this chapter,  and
  who,  as provided below, may be designated to serve on the appeals board
  of the bureau. Every hearing officer shall have  been  admitted  to  the
  practice  of law in this state for a period of at least three years, and
  shall be compensated for his services on a per diem basis determined  by
  the bureau.
    3.  Jurisdiction.  The  bureau  shall  have,  with  respect to acts or
  incidents in or on the transit facilities of the authority committed  by
  or  involving  persons  who  are  sixteen years of age or over, and with
  respect to violation of toll collection regulations  of  the  triborough
  bridge  and  tunnel  authority as described in section two thousand nine
  hundred eighty-five of this  chapter,  non-exclusive  jurisdiction  over
  violations  of: (a) the rules which may from time to time be established
  by the authority under subdivision five-a of section twelve hundred four
  of this chapter; (b) article one hundred thirty-nine of the health  code
  of  the  city  of  New  York,  as  it  may be amended from time to time,
  relating to public transportation facilities; and (c)  article  four  of
  the  noise  control  code  of the city of New York, as it may be amended
  from time to time, insofar as it pertains to sound reproduction devices;
  and (d) the rules and  regulations  which  may  from  time  to  time  be
  established  by the triborough bridge and tunnel authority in accordance
  with the provisions of section two thousand nine hundred eighty-five  of
  this  chapter.  Matters  within  the  jurisdiction  of the bureau except
  violations of the rules and regulations of  the  triborough  bridge  and
  tunnel  authority shall be known for purposes of this section as transit
  infractions. Nothing herein shall be construed  to  divest  jurisdiction
  from  any  court  now  having  jurisdiction  over any criminal charge or
  traffic infraction relating to any act committed in a  transit  or  toll
  facility,  or  to  impair  the  ability of a police officer to conduct a
  lawful search of a person in a transit facility. The criminal  court  of
  the  city  of  New  York  shall  continue  to have jurisdiction over any
  criminal charge or traffic infraction brought for violation of the rules
  of the authority or the triborough bridge and tunnel authority, as  well
  as  jurisdiction  relating to any act which may constitute a crime or an
  offense under any law of the state of New York or  any  municipality  or
  political  subdivision thereof and which may also constitute a violation
  of such rules. The bureau shall have concurrent  jurisdiction  with  the
  environmental  control  board  and  the  administrative  tribunal of the
  department of health over the aforesaid provisions of  the  health  code
  and noise control code of the city of New York.
    4.  General  powers.  The  bureau  shall have the following functions,
  powers and duties:
    a. To accept pleas (whether made in person or by mail) to, and to hear
  and determine, charges of transit infractions and allegations  of  civil
  liability  pursuant  to section two thousand nine hundred eighty-five of
  this chapter within its jurisdiction;

    b. To impose civil penalties not to exceed  a  total  of  one  hundred
  fifty  dollars  for  any  transit infraction within its jurisdiction, in
  accordance with a penalty schedule established by the  authority  except
  that penalties for violations of the health code of the city of New York
  shall   be  in  accordance  with  the  penalties  established  for  such
  violations by the board of health of the city of New York, and penalties
  for violations of the noise code of the city of New  York  shall  be  in
  accordance  with  the  penalties established for such violations by law,
  and civil penalties for violations of the rules and regulations  of  the
  triborough  bridge  and tunnel authority shall be in accordance with the
  penalties established for such violations by section two  thousand  nine
  hundred eighty-five of this chapter;
    c.  In  its  sole  discretion,  to suspend or forgive penalties or any
  portion of penalties  imposed  on  the  condition  that  the  respondent
  voluntarily  agrees  to perform and actually does satisfactorily perform
  unpaid services on transit facilities as assigned by the authority, such
  as, without limitation, cleaning of rolling stock;
    d. To adopt, amend and rescind rules and regulations not  inconsistent
  with  any  applicable provision of law to carry out the purposes of this
  section, including but not limited to rules and regulations  prescribing
  the  internal  procedures and organization of the bureau, the manner and
  time of entering pleas, the conduct of  hearings,  and  the  amount  and
  manner of payment of penalties;
    e.  To enter judgments and enforce them, without court proceedings, in
  the same manner as the enforcement of money judgments in civil  actions,
  as provided below;
    f.  To  compile and maintain complete and accurate records relating to
  all charges and dispositions, which records shall be deemed exempt  from
  disclosure  under the freedom of information law as records compiled for
  law enforcement purposes;
    g. To apply to a court of competent jurisdiction  for  enforcement  of
  any decision or order issued by such bureau or of any subpoena issued by
  a  hearing  officer  as  provided in paragraph d of subdivision seven of
  this section;
    h. To enter  into  contracts  with  other  government  agencies,  with
  private  organizations,  or  with individuals to undertake on its behalf
  such functions  as  data  processing,  debt  collections,  mailing,  and
  general  administration,  as  the  executive director deems appropriate,
  except that the conduct by hearing officers of hearings and  of  appeals
  may not be performed by outside contractors;
    i.  To accept payment of penalties and to remit same to the authority;
  and
    j. To adjudicate the liability of motor vehicle owners for  violations
  of  rules  and regulations established in accordance with the provisions
  of section two thousand nine hundred eighty-five of this chapter.
    5. Notices of violation.  The  bureau  shall  prepare  and  distribute
  notices of violation in blank to the transit police and any other person
  empowered  by  law,  rule and regulation to serve such notices. The form
  and wording of the notice  of  violation  shall  be  prescribed  by  the
  executive  director,  and  it  may  be  the  same as any other notice of
  violation or summons  form  already  in  use  if  said  form  meets  the
  requirements  hereof.  The notice of violation may include provisions to
  record information which will facilitate the identification and location
  of respondents, including but not limited to  name,  address,  telephone
  numbers, date of birth, social security number if otherwise permitted by
  law,  place  of employment or school, and name and address of parents or
  guardian if a minor. Notices  of  violation  shall  be  issued  only  to
  persons  who  are  sixteen  years of age or over, and shall be served by

  delivering the notice within the state to the person  to  be  served.  A
  copy  of  each  notice  of violation served hereunder shall be filed and
  retained by said bureau, and shall  be  deemed  a  record  kept  in  the
  ordinary  course  of  business,  and,  if sworn to or affirmed, shall be
  prima facie evidence of the facts  contained  therein.  Said  notice  of
  violation  shall  contain information advising the person charged of the
  manner and the time within which such person may either  admit  or  deny
  the  offense  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  within  the  time stated in the notice may result in a
  default decision and order being entered against such  person,  and  the
  imposition  of  supplemental penalties as provided in subdivision five-a
  of section twelve hundred four of this chapter. A  notice  of  violation
  shall  not  be  deemed  to  be  a notice of liability issued pursuant to
  section two thousand nine hundred eighty-five of this chapter.
    6. Defaults. Where a respondent has failed to plead  to  a  notice  of
  violation  or  to  a  notice of liability issued pursuant to section two
  thousand nine hundred  eighty-five  of  this  chapter  within  the  time
  allowed  by  the  rules  of  said  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 liability and shall be grounds for rendering a default
  decision and  order  imposing  a  penalty  in  such  amount  as  may  be
  prescribed by the authority.
    7.  Hearings.  a.  (1)  A  person  charged  with  a transit infraction
  returnable to the bureau or a person alleged to be liable in  accordance
  with  the provisions of section two thousand nine hundred eighty-five of
  this chapter who contests such allegation shall be advised of  the  date
  on  or by which he or she must appear to answer the charge at a hearing.
  Notification of such hearing date shall be given either in the notice of
  violation or in a form, the content of which shall be prescribed by  the
  executive  director  or  in  a manner prescribed in section two thousand
  nine hundred eighty-five of this chapter. Any  such  notification  shall
  contain a warning to advise the person charged that failure to appear on
  or  by  the  date designated, or any subsequent rescheduled or adjourned
  date, shall be deemed for all purposes, an admission of  liability,  and
  that  a  default  judgment may be rendered and penalties may be imposed.
  Where notification is given in a manner other  than  in  the  notice  of
  violation,  the  bureau shall deliver such notice to the person charged,
  either personally or by registered or certified mail.
    (2) Whenever a person charged with a transit infraction or alleged  to
  be liable in accordance with the provisions of section two thousand nine
  hundred eighty-five of this chapter returnable to the bureau requests an
  alternate  hearing  date  and  is  not  then  in  default  as defined in
  subdivision six of this section, the bureau  shall  advise  such  person
  personally, or by registered or certified mail, of the alternate hearing
  date  on  or  by  which  he  or  she must appear to answer the charge or
  allegation at a hearing. The form and content of such notice of  hearing
  shall  be  prescribed  by  the  executive  director, and shall contain a
  warning to advise the person  charged  or  alleged  to  be  liable  that
  failure to appear on or by the alternate designated hearing date, or any
  subsequent  rescheduled  or  adjourned  date,  shall  be  deemed for all
  purposes an admission of liability, and that a default judgment  may  be
  rendered and penalties may be imposed.
    (3)  Whenever a person charged with a transit infraction or alleged to
  be liable in accordance with the provisions of section two thousand nine
  hundred eighty-five of this chapter returnable to the bureau appears  at
  a  hearing  and  obtains  an  adjournment of the hearing pursuant to the

  rules of the bureau, the bureau shall advise such person personally,  or
  by  registered  or  certified mail, of the adjourned date on which he or
  she must appear to answer  the  charge  or  allegation  at  a  continued
  hearing.  The  form  and  content  of such notice of a continued hearing
  shall be prescribed by the  executive  director,  and  shall  contain  a
  warning  to  advise  the  person  charged  or  alleged to be liable that
  failure to appear on the adjourned hearing date shall be deemed for  all
  purposes  an  admission of liability, and that a default judgment may be
  rendered and penalties may be imposed.
    b. Every hearing for  the  adjudication  of  a  charge  of  a  transit
  infraction or an allegation of liability under section two thousand nine
  hundred  eighty-five  of  this  chapter hereunder shall be held before a
  hearing officer in accordance with the rules and regulations promulgated
  by the bureau.
    c. The hearing officer shall not be bound by the rules of evidence  in
  the  conduct  of  the  hearing,  except  rules  relating  to  privileged
  communications.
    d. The hearing officer may, in  his  or  her  discretion,  or  at  the
  request  of  the  person charged or alleged to be liable on a showing of
  good cause and need therefor, issue subpoenas to compel  the  appearance
  of  any  person  to  give  testimony, and issue subpoenas duces tecum to
  compel the production for examination or introduction into  evidence  of
  any book, paper or other thing relevant to the charges.
    e.  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 appearance, testimony or production of materials.
    f. The bureau shall make and  maintain  a  sound  recording  or  other
  record of every hearing.
    g.  After due consideration of the evidence and arguments, the hearing
  officer shall determine whether the charges  or  allegations  have  been
  established. No charge may be established except upon proof by clear and
  convincing evidence except allegations of civil liability for violations
  of  triborough bridge and tunnel authority rules and regulations will be
  established in accordance with the provisions of  section  two  thousand
  nine  hundred  eighty-five  of  this chapter. Where the charges have not
  been established, an order dismissing the charges or  allegations  shall
  be  entered.  Where  a determination is made that a charge or allegation
  has been established or if an answer admitting the charge or  allegation
  has been received, the hearing officer shall set a penalty in accordance
  with   the  penalty  schedule  established  by  the  authority,  or  for
  allegations of civil liability in  accordance  with  the  provisions  of
  section  two  thousand  nine  hundred eighty-five of this chapter and an
  appropriate order shall be entered in the records  of  the  bureau.  The
  respondent shall be given notice of such entry in person or by certified
  mail. This order shall constitute the final determination of the hearing
  officer,  and  for  purposes of review it shall be deemed to incorporate
  any intermediate determinations made by said officer in  the  course  of
  the  proceeding.  When  no appeal is filed this order shall be the final
  order of the bureau.
    8. Administrative and judicial  review.  a.  There  shall  be  appeals
  boards  within  the  bureau which shall consist of three or more hearing
  officers, as the  executive  director  shall  determine.  The  executive
  director shall select a chairman for each appeals board from the members
  so  appointed.    No  hearing  officer  may  sit  on  an  appeals  board
  considering an appeal from a determination made by said hearing officer.
    b. A party aggrieved by a final determination of a hearing officer may
  obtain a review thereof by serving upon the bureau, within  thirty  days

  of the bureau's service of its notice of entry of such order a notice of
  appeal  setting  forth  the  reasons  why  the  determination  should be
  reversed or modified. There shall be no interlocutory appeals.
    c.  An appeal from a final determination of a hearing officer shall be
  submitted to the appeals board, which shall have  power  to  review  the
  facts  and  the  law,  but shall not consider any evidence which was not
  presented to the hearing officer, and shall have  power  to  reverse  or
  modify any judgment appealed from for error of fact or law.
    d.  Appeals  shall be made without the appearance of the appellant and
  appellant's attorney unless the presence of either or both are requested
  by the appellant, appellant's attorney, appellant's parent  or  guardian
  if  appellant is a minor, or the appeals board. Within twenty days after
  a request for an appearance, made by or for the  appellant,  appellant's
  attorney  or  the  board,  the bureau shall advise the appellant, either
  personally or by registered or certified mail, of the date on  which  he
  or  she  shall appear. The appellant shall be notified in writing of the
  decision of the appeals board.
    e. A party  may  request  and  obtain  a  record  of  the  proceedings
  resulting  in  a  determination  for  which an appeal is sought, but the
  party shall pay to the bureau the cost of providing such record. When  a
  record  is  timely requested for the purpose of preparing an appeal, the
  bureau shall not thereafter cause the appeal to be  heard  or  submitted
  less  than  ten  days  after  the  delivery  or mailing of the record to
  appellant or appellant's attorney.
    f. The service of a notice of appeal shall not stay the enforcement of
  an order appealed from unless the appellant shall have posted a bond in,
  or shall have paid,  the  amount  of  penalties  imposed  in  the  order
  appealed  from  within the time period established by rule of the bureau
  for payment of penalties following entry of such an order.
    g. No determination of a hearing officer which is appealable under the
  provisions of this section shall be reviewed  in  any  court  unless  an
  appeal   has   been   filed  and  determined  in  accordance  with  this
  subdivision. When an appeal has been filed, the  order  of  the  appeals
  board  shall  be  the  final order of the bureau. Judicial review may be
  sought pursuant to article seventy-eight of the civil practice  law  and
  rules.
    9.  Enforcement  of  judgments.  a. The bureau shall have the power to
  enforce its final decisions and  orders  imposing  civil  penalties  for
  violations of laws, rules and regulations enforced by it as if they were
  money  judgments,  without  court  proceedings,  in the manner described
  herein.
    b. 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 which may be entered in the
  civil  court of the city of New York or any other place provided for the
  entry of civil  judgments  within  the  state,  and,  provided  that  no
  proceeding  for  judicial  review shall then be pending, may be enforced
  without court proceedings in the same manner as the enforcement of money
  judgments entered in civil actions. A final order against any person  or
  persons  shall  be a bar to the criminal prosecution of, and in the case
  of a minor,  juvenile  offender  proceedings  against,  said  person  or
  persons for conduct upon which the order was based.
    c.  Notwithstanding  the  foregoing  provisions: (1) Before a judgment
  based upon a default may be so entered the bureau must have attempted to
  notify the respondent by first class mail, in such form  as  the  bureau
  may  direct:  (i)  of  the  default  decision  and order and the penalty
  imposed; (ii) that a judgment will be entered in the civil court of  the
  city  of  New  York  or  any other place provided for the entry of civil

  judgments within the state; and (iii) the entry of such judgments 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.
    (2)  Upon receipt by the bureau of a copy of an order to show cause in
  lieu of a notice of petition, or of a notice of petition, served upon it
  in a proceeding for judicial review of any final  order  of  the  bureau
  which  constitutes a judgment which may be entered in the civil court of
  the city of New York or any other place provided for the entry of  civil
  judgments  within  the  state,  the  bureau  shall  forthwith  serve  by
  first-class mail the attorney for the petitioner in such proceeding,  or
  if  the  petitioner has initiated the proceeding pro se, the petitioner,
  with a notice stating whether or not a judgment was entered in any  such
  court  or  other  place provided for the entry of civil judgments within
  the state prior to the pendency of such proceeding for judicial  review.
  If  a  judgment  was  so entered, such notice from the bureau also shall
  contain: (i) the name and address of the court or other place  in  which
  the  judgment was entered, and (ii) identification of the judgment book,
  index number,  docket  number,  date  of  entry,  other  information  or
  combination  of  the foregoing, sufficient for the petitioner's attorney
  in such proceeding, or for the petitioner pro se, to locate  such  entry
  of  judgment  according  to the indexing system utilized by the court or
  other place in which the judgment was entered. Proof of service of  such
  notice  from  the  bureau shall be filed by the bureau with the court in
  which the proceeding for judicial review is pending at the same time  as
  the  filing  with  the  court of the bureau's first legal papers in such
  proceeding. The court in which the proceeding  for  judicial  review  is
  pending  shall  not accept for filing the bureau's first legal papers in
  such proceeding unless such legal papers are accompanied by  such  proof
  of service.
    10.  Funds. All penalties collected pursuant to the provisions of this
  section shall be paid to the authority to the credit of a transit  crime
  fund which the authority shall establish. Any sums in this fund shall be
  used  to pay for programs selected by the board of the authority, in its
  discretion, to reduce the incidence of crimes and infractions on transit
  facilities, or to improve the enforcement of laws  against  such  crimes
  and  infractions.  Such  funds  shall  be  in  addition  to  and  not in
  substitution for any funds provided by the state or the city of New York
  for such purposes.