Increases maximum civil penalties authorized to be imposed for violations of the rules of the New York city transit authority; provides that the notice of violation of any such rule shall be mailed by first class mail, rather than by registered or certified mail.
STATE OF NEW YORK
________________________________________________________________________
8807
IN ASSEMBLY(Prefiled)
January 4, 2012
___________
Introduced by M. of A. BRENNAN -- read once and referred to the Commit-
tee on Corporations, Authorities and Commissions
AN ACT to amend the public authorities law, in relation to the maximum
civil penalties and service by mail provisions of the transit adjudi-
cation bureau of the New York city transit authority
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 5-a of section 1204 of the public authorities
2 law, as amended by chapter 931 of the laws of 1984, is amended to read
3 as follows:
4 5-a. To make, amend and repeal rules governing the conduct and safety
5 of the public as it may deem necessary, convenient or desirable for the
6 use and operation of the transit facilities under its jurisdiction,
7 including without limitation rules relating to the protection or mainte-
8 nance of such facilities, the conduct and safety of the public, the
9 payment of fares or other lawful charges for the use of such facilities,
10 the presentation or display of documentation permitting free passage,
11 reduced fare passage or full fare passage on such facilities and the
12 protection of the revenue of the authority. Violations of such rules
13 shall be an offense punishable by a fine of not exceeding twenty-five
14 dollars or by imprisonment for not longer than ten days, or both, or may
15 be punishable by the imposition by the transit adjudication bureau
16 established pursuant to the provisions of this title of a civil penalty
17 in an amount for each violation not to exceed [one] five hundred dollars
18 (exclusive of interest or costs assessed thereon), in accordance with a
19 schedule of such penalties as may from time to time be established by
20 rules of the authority. Such schedule of penalties may provide for the
21 imposition of additional penalties, not to exceed a total of [fifty] one
22 hundred dollars for each violation, upon the failure of a respondent in
23 any proceeding commenced with respect to any such violation to make
24 timely response to or appearance in connection with a notice of
25 violation of such rule or to any subsequent notice or order issued by
26 the authority in such proceeding. There shall be no penalty or increment
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13312-01-1
A. 8807 2
1 in fine by virtue of a respondent's timely exercise of his right to a
2 hearing or appeal. The rules may provide, in addition to any other sanc-
3 tions, for the confiscation of tokens, tickets, cards or other fare
4 media that have been forged, counterfeit, improperly altered or trans-
5 ferred, or otherwise used in a manner inconsistent with such rules.
6 § 2. Paragraph b of subdivision 4 of section 1209-a of the public
7 authorities law, as amended by chapter 379 of the laws of 1992, is
8 amended to read as follows:
9 b. To impose civil penalties not to exceed a total of [one] six
10 hundred [fifty] dollars for any transit infraction within its jurisdic-
11 tion, in accordance with a penalty schedule established by the authority
12 except that penalties for violations of the health code of the city of
13 New York shall be in accordance with the penalties established for such
14 violations by the board of health of the city of New York, and penalties
15 for violations of the noise code of the city of New York shall be in
16 accordance with the penalties established for such violations by law,
17 and civil penalties for violations of the rules and regulations of the
18 triborough bridge and tunnel authority shall be in accordance with the
19 penalties established for such violations by section [two thousand nine]
20 twenty-nine hundred eighty-five of this chapter;
21 § 3. Paragraphs a and g of subdivision 7 of section 1209-a of the
22 public authorities law, as amended by chapter 379 of the laws of 1992,
23 are amended to read as follows:
24 a. (1) A person charged with a transit infraction returnable to the
25 bureau or a person alleged to be liable in accordance with the
26 provisions of section [two thousand nine] twenty-nine hundred eighty-
27 five of this chapter who contests such allegation shall be advised of
28 the date on or by which he or she must appear to answer the charge at a
29 hearing. Notification of such hearing date shall be given either in the
30 notice of violation or in a form, the content of which shall be
31 prescribed by the executive director or in a manner prescribed in
32 section [two thousand nine] twenty-nine hundred eighty-five of this
33 chapter. Any such notification shall contain a warning to advise the
34 person charged that failure to appear on or by the date designated, or
35 any subsequent rescheduled or adjourned date, shall be deemed for all
36 purposes, an admission of liability, and that a default judgment may be
37 rendered and penalties may be imposed. Where notification is given in a
38 manner other than in the notice of violation, the bureau shall deliver
39 such notice to the person charged, either personally or by [registered
40 or certified] first class mail.
41 (2) Whenever a person charged with a transit infraction or alleged to
42 be liable in accordance with the provisions of section [two thousand
43 nine] twenty-nine hundred eighty-five of this chapter returnable to the
44 bureau requests an alternate hearing date and is not then in default as
45 defined in subdivision six of this section, the bureau shall advise such
46 person personally, or by [registered or certified] first class mail, of
47 the alternate hearing date on or by which he or she must appear to
48 answer the charge or allegation at a hearing. The form and content of
49 such notice of hearing shall be prescribed by the executive director,
50 and shall contain a warning to advise the person charged or alleged to
51 be liable that failure to appear on or by the alternate designated hear-
52 ing date, or any subsequent rescheduled or adjourned date, shall be
53 deemed for all purposes an admission of liability, and that a default
54 judgment may be rendered and penalties may be imposed.
55 (3) Whenever a person charged with a transit infraction or alleged to
56 be liable in accordance with the provisions of section [two thousand
A. 8807 3
1 nine] twenty-nine hundred eighty-five of this chapter returnable to the
2 bureau appears at a hearing and obtains an adjournment of the hearing
3 pursuant to the rules of the bureau, the bureau shall advise such person
4 personally, or by [registered or certified] first class mail, of the
5 adjourned date on which he or she must appear to answer the charge or
6 allegation at a continued hearing. The form and content of such notice
7 of a continued hearing shall be prescribed by the executive director,
8 and shall contain a warning to advise the person charged or alleged to
9 be liable that failure to appear on the adjourned hearing date shall be
10 deemed for all purposes an admission of liability, and that a default
11 judgment may be rendered and penalties may be imposed.
12 g. After due consideration of the evidence and arguments, the hearing
13 officer shall determine whether the charges or allegations have been
14 established. No charge may be established except upon proof by clear and
15 convincing evidence except allegations of civil liability for violations
16 of triborough bridge and tunnel authority rules and regulations will be
17 established in accordance with the provisions of section [two thousand
18 nine] twenty-nine hundred eighty-five of this chapter. Where the charges
19 have not been established, an order dismissing the charges or allega-
20 tions shall be entered. Where a determination is made that a charge or
21 allegation has been established or if an answer admitting the charge or
22 allegation has been received, the hearing officer shall set a penalty in
23 accordance with the penalty schedule established by the authority, or
24 for allegations of civil liability in accordance with the provisions of
25 section [two thousand nine] twenty-nine hundred eighty-five of this
26 chapter and an appropriate order shall be entered in the records of the
27 bureau. The respondent shall be given notice of such entry in person or
28 by [certified] first class mail. This order shall constitute the final
29 determination of the hearing officer, and for purposes of review it
30 shall be deemed to incorporate any intermediate determinations made by
31 said officer in the course of the proceeding. When no appeal is filed
32 this order shall be the final order of the bureau.
33 § 4. Paragraph d of subdivision 8 of section 1209-a of the public
34 authorities law, as amended by chapter 379 of the laws of 1992, is
35 amended to read as follows:
36 d. Appeals shall be made without the appearance of the appellant and
37 appellant's attorney unless the presence of either or both are requested
38 by the appellant, appellant's attorney, appellant's parent or guardian
39 if appellant is a minor, or the appeals board. Within twenty days after
40 a request for an appearance, made by or for the appellant, appellant's
41 attorney or the board, the bureau shall advise the appellant, either
42 personally or by [registered or certified] first class mail, of the date
43 on which he or she shall appear. The appellant shall be notified in
44 writing of the decision of the appeals board.
45 § 5. This act shall take effect immediately.
