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(a) Agreement; waiver of right to contest notices of violation. Notwithstanding any inconsistent provision of 19 RCNY § 39-05, the Commissioner of Finance may enter into agreements with the owners of vehicles with commercial plates enrolled in the Fleet Program that are not eligible for the Stipulated Fine Program under 19 RCNY § 39-03.1, for the payment of fines in accordance with a reduced fine schedule for parking violations set forth in the agreement ("commercial abatement fine amounts"). Such commercial abatement fine amounts will not apply to enrolled vehicles unless the owner of such vehicles enters into a written agreement with the Commissioner, in advance, in which the owner agrees to waive the right to contest all notices of violation issued against such owner's enrolled vehicles during a stated period of time and to pay the commercial abatement fine amounts for all such violations. This waiver includes any right to challenge or otherwise contest any such violations that have become due and payable at the unreduced full amount pursuant to the enforcement provisions set forth in the agreement and in subdivision (d) of this section.
(b) Failure to pay fines. The agreement described in subdivision (a) of this section shall further provide that if the owner fails to satisfy summonses that enter judgment status, where such judgment(s) total in the aggregate, including interest, more than $350: (1) such summonses will be subject to enforcement action pursuant to the provisions of this title and applicable law, including but not limited to the imposition of all fines and penalties provided for in subdivision (d) of this section; (2) the owner will be removed from the Commercial Abatement Program and Fleet Program; and (3) the agreement will be null and void with respect to all future summonses, and future summonses will be subject to the penalties provided in 19 RCNY § 39-07 to the same extent and in the same manner as if such agreement had not been in effect.
(c) Discretion of Commissioner. Enrollment in this program is voluntary and will be subject to termination at the discretion of the Commissioner. This program is established and will remain in effect at the pleasure of the Commissioner.
(d) Penalties for failure to pay commercial abatement fine amounts in a timely manner. Notwithstanding any other provision of this chapter:
(1) The failure to pay the commercial abatement fine amount within 45 days after the Department of Finance system entry date for the summons will result in a penalty of $10.00.
(2) The continued failure to pay the commercial abatement fine amount for an additional 45 days beyond the period stated in paragraph (1) of this subdivision will result in a further penalty of $20.00 in addition to the penalty provided in paragraph (1) of this subdivision.
(3) The continued failure to pay the commercial abatement fine amount for an additional 45 days beyond the period stated in paragraph (2) of this subdivision will result in a further penalty of $30 in addition to the penalties provided in paragraphs (1) and (2) of this subdivision.
(4) The continued failure to pay the commercial abatement fine amount for an additional 7 days beyond the period stated in paragraph (3) of this subdivision will result in the entry of a judgment against the owner in the original unreduced fine amount as provided in 19 RCNY § 39-05 plus the penalties provided in paragraphs (1), (2) and (3) of this subdivision.
(a) Entry of plea.
(1) A plea shall be entered within thirty days after service of the notice of violation (summons).
(2) A plea may be entered in person or by representative at any business center listed in 19 RCNY § 39-08(a), by ordinary mail, through a website maintained or controlled by the Department, or by any other electronic medium as determined by the Director.
(3) The Bureau shall not reject any plea entered by mail if received by the Bureau within thirty days after service of the notice of violation (summons).
(b) Submission of pleas; completion of plea form. Pleas entered by the respondent must be made by:
(1) Submitting the desired plea on the plea form on paper, through a website maintained or controlled by the Department or on any other electronic medium as determined by the Director;
(2) Submitting their name and address in the space provided on the plea form on paper, through a website maintained or controlled by the Department or on any other electronic medium as determined by the Director;
(3) Signing the plea form; and
(4) Mailing, submitting or uploading the completed plea form, by appropriate form of mail or electronic submission, to the mailing or electronic address or website stated on the notice of violation (summons).
(c) Pleas of guilty; payment. Pleas of guilty must be accompanied by a check, money order, or other form of payment, electronic or otherwise, as prescribed by the Director, for the payment in full of the scheduled fines as listed in 19 RCNY § 39-05 and 19 RCNY § 39-06 and the penalties as listed in 19 RCNY § 39-07.
(d) Pleas requesting hearings.
(1) A respondent pleading not guilty may request a hearing.
(2) If a plea of not guilty is made in person, an immediate hearing may be had on request of the respondent, if convenient to the Bureau.
(3) The Bureau reserves the right to set a date, time and place of hearing different from that selected by the respondent.
(e) [Reserved.]
(Amended City Record 3/13/2024, eff. 4/12/2024)
Scheduled fines. The following schedule of fines shall apply to violations listed below:
Violation | |
(a) Stopping, standing or parking where stopping is prohibited, unless otherwise specifically enumerated in this schedule | $100.00 |
(b) Standing or parking where standing is prohibited, unless specifically enumerated in this schedule | $100.00 |
(c) Parking where parking is prohibited, unless otherwise specifically enumerated in this schedule | $30.00 |
(d) Stopping, standing or parking in violation of 34 RCNY § 4-08(e)(6) | $80.00 |
(e) Stopping, standing or parking in violation of 34 RCNY § 4-08(e)(11) | $50.00 |
(f) Standing or parking in violation of 34 RCNY § 4-08(c)(4), (c)(8), (f)(2), (3), (5), or (k)(2) | $80.00 |
(g) Standing or parking in violation of 34 RCNY § 4-08(j) | $50.00 |
(h) Standing or parking of unaltered vehicle with commercial plates in violation of 34 RCNY § 4-08(k)(1) | $100.00 |
(i) Standing or parking of vehicle with commercial plates without the name and address of the owner properly marked on the vehicle in violation of 34 RCNY § 4-08(k)(1)
| $100.00 |
(j) Parking in violation of 34 RCNY § 4-08(n)(8) | $30.00 |
(k) All parking meter violations | $20.00 |
(l) All parking violations concerning parking permits for people with disabilities
| $150.00 |
(m) Parking a commercial vehicle in violation of 34 RCNY § 4-08(k)(5) or (6), unless otherwise specifically enumerated in this schedule | $50.00 |
(n) Parking a commercial vehicle that is a tractor-trailer combination, tractor, truck trailer or semi-trailer in violation of 34 RCNY § 4-08(k)(6) | |
First offense | $250.00 |
Any subsequent offense within a six month period | $500.00 |
(o) Parking in violation of officially posted street cleaning rules, unless such rules have been suspended by the Commissioner of Transportation or their designee
| $50.00 |
(p) Parking where parking is prohibited by officially posted rule other than street cleaning rules | $45.00 |
(q) Obstructing traffic at an intersection in violation of 34 RCNY § 4-08(e)(12) | $100.00 |
(r) Idling an engine in violation of 34 RCNY 4-08(p) | $100.00 |
(s) Unauthorized passenger pickup or discharge in violation of 34 RCNY § 4-10(c)(1) | $500.00 |
(t) Failure of an intercity bus to prominently display a copy of an intercity bus permit in violation of 34 RCNY § 4-10(d)(7)(ii) | $500.00 |
(u) Failure of an intercity bus to properly display the operator's name, address and telephone number in violation of 34 RCNY § 4-10(d)(7)(iii) | $500.00 |
(v) Stopping or standing by an intercity bus in its assigned on-street bus stop location except when actively engaged in the pick-up or discharge of passengers in violation of 34 RCNY § 4-10(d)(7)(v) | $500.00 |
(w) Altering an intercity bus permit in violation of 34 RCNY § 4-10(d)(7)(vi) | $500.00 |
(x) Misuse and fraudulent use of a parking permit in violation of 34 RCNY § 4-08(o)(3)(iv)
| $50.00 |
As used in this section, the term "Restricted Area" means all of Manhattan south of the building line on the north side of 96th Street, and between the Hudson River and the East River. Within the Restricted Area, the fine for violations enumerated in paragraphs (c), (k) and (p) is $50.00 and for paragraph (j) the fine is $45.00.
Fines following a hearing.
(a) For persons found guilty after a hearing, a fine may be fixed by the administrative law judge in an amount not to exceed that indicated in the foregoing schedule of fines.
(b) Upon any finding of liability for a parking violation, the Parking Violations Bureau shall levy such mandatory surcharge as may be imposed by law in addition to any other fine or penalty otherwise permitted or required by this chapter.
(c) [Repealed.]
(Amended City Record 7/2/2018, eff. 8/1/2018; amended City Record 5/13/2019, eff. 6/12/2019; amended City Record 8/1/2019, eff. 8/31/2019; amended City Record 1/21/2020, eff. 2/20/2020; amended City Record 3/13/2024, eff. 4/12/2024)
When a civil emergency other than a snow emergency affecting traffic conditions within the City of New York has been declared by the Governor of the State of New York or the Mayor or Police Commissioner of the City of New York and which, upon request, has been confirmed by order of the Transportation Commissioner or Deputy Commissioner of Traffic, the fine of $50.00 shall become effective for all violations of a rule prohibiting parking, and the fine of $100.00 shall become effective for all violations of a rule prohibiting stopping or standing, twenty-four hours after the adoption of the order of the Transportation Commissioner or Deputy Commissioner and shall apply to all notices of violation for such violations issued during the emergency.
(a) Additional penalties. Additional penalties may be assessed against the respondent for failure to plead or appear pursuant to these rules, or having appeared for a hearing, failing to make payment assessed thereat. The additional penalties shall be assessed according to the following schedule; provided, however, that if a respondent makes a plea or appears within 20 days after the Bureau mails a notice of violation to the owner pursuant to Vehicle and Traffic Law § 235(2)(a) or prior to such mailing, the additional penalties which may be imposed pursuant to paragraphs (1), (2) and (3) of this subdivision shall not exceed the amount set forth in paragraph (1):
(1) Upon entry of a plea more than 30 days after date of summons . . . an additional penalty in an amount of $10.00. Payment of the base fine that is received no later than 7 days after the Department of Finance has sent a notice of an additional penalty described by this paragraph (1) will be deemed payment in full of the violation, but no additional penalty described by this paragraph (1) that is paid following the aforementioned 30 day period will be refunded.
(2) Upon entry of a plea more than 45 but less than 76 days after date of summons . . . penalty as noted in paragraph (1) and additional penalty of $20.00.
(3) Upon entry of a plea more than 75 days after date of summons or upon entry of default, final determination or judgment . . . penalties as noted in paragraphs (1) and (2) and additional penalty of $30.00.
(4) Upon failure to either pay in full within 7 days, the amount of fine and penalties fixed by an administrative law judge after a determination sustaining the charges, or otherwise comply with the provisions of 19 RCNY § 39-12, the scheduled fine amount shall be restored and additional penalties shall become due in accordance with the amounts set forth in paragraphs (1), (2) and (3) of this subdivision as if there had been no plea or appearance.
(b) Abatement of penalties. Upon a showing of good cause, made by the respondent under oath or on affirmation, any additional penalty assessed against such respondent may be abated in whole or in part. Procedures for such abatement may be fixed by the Director.
(c) Lessors.
(d) Vehicle release penalties. For non-payment of a vehicle release penalty pursuant to 34 RCNY § 4-08(a)(9), the Parking Violations Bureau may assess additional penalties in the same manner and in the same amounts as set forth in subdivision (a) of this section.
(a) Location of hearings.
(1) Hearings may be held or payments made at any locations designated by the Director.
(2) The Director, in their discretion, may establish such special purpose hearing parts, and at such locations as deemed necessary.
(b) Time schedule for hearings.
(1) Hearing parts shall meet on days and at times as the Director shall from time to time in their discretion determine, upon appropriate notice to the public.
(2) The Director, in their discretion, may set additional times and days for hearings or limit, reduce or vary the time and days for hearings, to meet the needs of the Bureau, upon appropriate notice to the public.
(3) The Director, in their discretion, may determine for such hearing parts whether such hearing is conducted in-person or via another method, in order to meet the needs of the Bureau based on considerations of due process, efficiency, workload, staffing and other resources, in accordance with this section and 19 RCNY §§ 39-09, 39-12, 39-15, and 39-19 of this chapter, upon appropriate notice to the public, provided, however, that the Director shall not prohibit respondents from alternatively adjudicating summonses in-person at business centers.
(c) Administrative Law Judge to preside. Every hearing shall be held before an Administrative Law Judge, Senior Administrative Law Judge, or Supervising Administrative Law Judge. All hearings shall be public.
(d) Counsel.
(1) A respondent may be represented by counsel.
(2) Appearance by Counsel shall not be recognized unless such attorney shall have filed a proper notice of appearance. The notice of appearance must contain the name, office address, email address, and telephone number of the attorney. No other attorney shall be permitted to appear for the respondent in such matter without an order in writing or made at open hearing by an administrative law judge. (See 19 RCNY § 39-09 – Representatives at Parking Violations Bureau Hearings.)
(e) Substantial evidence required. No charge may be established except upon proof by substantial credible evidence.
(f) Rules of evidence.
(1) The administrative law judge shall not be bound by the rules of evidence in the conduct of the hearing, except rules relating to privileged communications.
(2) Evidence may be presented in a form as prescribed by the Director based on considerations of due process, efficiency, workload, staffing and other resources. All testimony shall be given on oath or affirmation issued by an administrative law judge, supervising administrative law judge, or senior administrative law judge, where appropriate, based on policies established by the Bureau.
(3) The respondent shall have the right to present witnesses, to conduct examination and to introduce documentary evidence.
(4) The summons shall constitute prima facie evidence of the statements contained therein. A reproduction of the summons or the original thereof filed with the Bureau may be used at the hearing in lieu of the copy from which it was made.
(g) Hearing record. A record shall be made of every hearing either by stenographic recording or by mechanical or electronic methods, as the Director shall determine. A transcript of such record shall be supplied to the respondent on application and payment of a fee of $2.00 and the cost of such transcript. The director may establish procedures for application for transcript.
(h) Subpoenas. The administrative law judge may, in their discretion, or at the request of the Respondent on a showing of good cause and need therefor, 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 alleged.
(i) Consolidation. The Bureau may, with or without request or consent of the respondent, consolidate for hearing or appeal, any and all matters within its jurisdiction pending against the respondent.
(j) Adjournments. An adjournment may be requested by the respondent prior to hearing. In the case of a hearing relating to the vacatur of dismissals procured by knowing misconduct, no more than two adjournments shall be granted in any matter except under extraordinary circumstances.
(Amended City Record 3/13/2024, eff. 4/12/2024)
(a) Brokers.
(1) Definitions.
Broker. "Broker" means a person who:
(i) is not the owner or operator of the summonsed vehicle;
(ii) represents another person or firm;
(iii) requests a hearing three or more times within any six month period; and
(iv) is not an employee of the respondent (as defined in 19 RCNY § 39-09(b)(1)).
Brokerage Company. "Brokerage Company" means a corporation, company, partnership or entity that:
(i) is not the owner or operator of the summonsed vehicle;
(ii) engages brokers to represent another person or firm; and
(iii) requests a hearing three or more times within any six month period.
(2) Rules and authorization. The rules set forth in paragraph (8) of subdivision (a) of this section apply to brokers appearing before the Department of Finance in any capacity, which include but are not limited to: the Fleet Program, Stipulated Fine Program, Commercial Abatement Program, Car Rental Program, hearings by mail or web, CAU hearings, and scheduling and billing.
A broker must register with the Department of Finance before representing a respondent before the Department of Finance in any capacity by submitting such forms as prescribed by the Department of Finance and receiving approval of such forms by the Department of Finance. For the broker to represent a respondent, the broker must submit a Broker Authorization Form prescribed by the Department of Finance. The Broker Authorization Form must be:
(i) signed by a duly authorized principal, officer or partner of the respondent;
(ii) duly acknowledged before a Notary Public; and
(iii) mailed to PVB by certified mail, return receipt requested, electronically submitted to PVB as prescribed by the Department of Finance, or hand delivered to the Fleet Program Manager, who will issue a receipt. The Broker Authorization Forms will be filed in a central location in the Consolidated Adjudication Unit (CAU). Upon revocation of the authorization of a broker to represent a person or company, it is the joint and several responsibility of the broker and the person or company to notify PVB within seven days by certified mail, return receipt requested.
(3) Hearing location and schedule. All hearings involving brokers shall be conducted by appointment only in CAU. No other location or unit (e.g. business centers) shall schedule or conduct hearings for respondents represented by brokers.
(4) Fleet Program and Car Rental Program. A broker shall not represent a Business Entity unless such Business Entity is registered in the Fleet Program or the Car Rental Program. For vehicles registered in either the Fleet Program or the Car Rental Program, no hearing will be allowed without a PVB computer-generated log.*
(5) Reserved.
(6) Summons copy fees. Respondents represented by brokers are subject to the same summons copy fees as the general public (19 RCNY § 39-02(e)).
(7) Hearing procedures.
(i) Before each hearing, brokers must submit to the CAU reception clerk all of the summonses scheduled to be adjudicated. These summonses will be delivered to the presiding judge before the hearing begins. No additional summonses may be submitted or accepted for adjudication at that hearing session once the hearing begins without the authorization of the CAU manager.
(ii) The hearing shall not be interrupted or stopped by the broker because of a dispute on a ruling. The determination of the presiding judge is final and may be overruled only by an appeal.
(iii) Except for the lunch break, the hearing shall proceed without interruption until the end of the day, unless before then the ALJ adjudicates all of the summonses the broker has submitted or adjourns the hearing.
(iv) Absent such adjournment, if the broker is not present or otherwise fails to proceed at the hearing, the ALJ may render judgment on all of the unadjudicated summonses as if they were submitted for a hearing by mail.
(v) Any summons not adjudicated on the day of the hearing due to an adjournment for further evidence shall be retained by CAU together with documents attached thereto, and shall be adjudicated on the adjourned date by the same ALJ who began the hearing, if possible. On that adjourned date, the ALJ shall not hear any of the broker summonses except those left unadjudicated from the original hearing without special authorization from the CAU manager.
(8) Conduct while at PVB.
(i) Brokers must observe in good faith the laws and regulations governing the adjudication of parking violation summonses and any forms and instructions provided to the broker by the Department of Finance.
(ii) Brokers must exercise due diligence in:
(1) Learning and obeying applicable statutes, rules, and instructions governing the disposition of, or agreements concerning payment of, parking violation summonses, in full, before the CAU;
(2) Complying with scheduling and creating ECFs, and submitting evidence for hearings; and
(3) Ensuring that their oral and written arguments, statements, and evidence submitted to the Department of Finance are correct.
(iii) A broker who knows or has reason to believe that a respondent has made a factual error in or omission from a document submitted at or prior to the hearing must advise the respondent promptly of such error or omission. A broker must urge the applicant to correct the error and promptly submit the corrected information. If the applicant refuses to do so, the broker must withdraw from representation for the summons(es) where continued representation would violate this section.
(iv) Brokers must not file an application, submit a document, or present testimony or other evidence that is obviously false, or that the broker knows or has reason to believe is false, fraudulent, or contains false information.
(v) Brokers must not make any statement or fail to disclose any fact in any situation where such broker knows or has reason to know such statement or failure to disclose information will mislead the ALJ at a hearing.
(vi) Brokers must not present a demand or an opinion of fact or law to the ALJ at a hearing unless the broker holds it in good faith and can support it on reasonable grounds.
(vii) A broker must not sign an application in the name of the applicant. A broker signing an application pursuant to a broker authorization form must sign in the broker's own name.
(viii) Brokers must not attempt to initiate conversations or correspondence about particular cases with the ALJ before or after the hearing. At the hearing brokers must discuss the scheduled matters only. Brokers must not telephone, write, email, or otherwise communicate with the ALJ or other employees of the Department of Finance before or after the hearing with additional arguments.
(ix) Brokers must not attempt to influence any ALJ or employee of the Department of Finance by the use of threats, false accusations, intimidation or coercion; promises of advantage; or the presenting or offer of any gift, favor or thing of value. A broker must report promptly any such acts of which the broker is aware to the New York City Department of Investigation.
(x) Brokers must not engage in disrespectful conduct when communicating with an ALJ regarding Parking Violations Bureau business at any time through means including, but not limited to, using abusive language or disrupting a hearing.
(xi) Brokers must not go into any non-public service area unless accompanied or authorized by a manager or supervisor and they must not operate any PVB terminal or other equipment at any time.
(xii) Brokers must not request any Department of Finance clerical staff to perform non-routine tasks. All such requests must be addressed directly to and approved by the CAU Manager. "Nonroutine" means anything out of the regular processing stream.
(xiii) Every broker must follow the directions provided by their clients to pay or contest parking violation summonses. A broker shall not contest a summons where a client has instructed the broker to plead guilty and pay the summons. A broker shall not plead guilty to a summons where a client has instructed the broker to contest the summons.
(xiv) A broker in receipt of a payment from a client for a parking violation summons must remit in a timely manner a payment to the Department of Finance to pay the applicable summons in accordance with applicable laws and rules.
(9) Penalty for violation of these rules. Any broker or brokerage company who willfully or repeatedly violates these rules may be barred from representing clients at PVB in any capacity. The Commissioner may, after providing notice to the broker and, if the brokerage company is also subject to suspension, the brokerage company, and an opportunity to be heard, suspend the broker for any period up to life from appearing before the Department of Finance in any capacity, except that the broker may appear on parking violations issued in the broker’s name, and/or suspend a brokerage company for any period up to and until the dissolution of the brokerage company from appearing before the Department of Finance in any capacity, except that the brokerage company may appear on parking violations issued in the brokerage company’s name. Such notice(s) will inform the broker and, if the brokerage company is subject to suspension, the brokerage company, of the reasons for the proposed suspension and that the broker and the brokerage company, if the brokerage company is subject to suspension, has the right to present information as to why the broker and/or brokerage company should not be suspended to the Commissioner, or their designee, within 10 business days of delivery of the notice by hand or 15 business days of the posting of notice by mail. Any suspension of a broker will apply solely to the broker unless the Department of Finance has evidence either that the brokerage company which employed the broker had knowledge of the broker’s infractions and did not inform the Department of Finance or that the standard practice of such brokerage company was to commit infractions in its interactions with the Department of Finance regardless of the broker involved. Any suspension of a brokerage company will apply to all brokers employed by the brokerage company for the period during which those brokers remain employed by the brokerage company. Any brokerage company shall be barred from representing clients at PVB in any capacity when a broker subject to a life suspension is employed by, engaged by, is subcontracted to, consults with or has any ownership interest in, such brokerage company.
(b) Employees.
(1) Definitions.
Employee. As used in these regulations, the term "employee" refers to a person who:
(i) is a principal, partner, officer or salaried employee of the respondent; (ii) was not the operator of vehicle at the time it was summonsed; and
(iii) is not a broker (as defined in 19 RCNY § 39-09(a)(1)).
(2) Rules and authorization. The rules set forth in paragraph (8) of subdivision (b) of this section apply to employees appearing before the Department of Finance in any capacity, which include but are not limited to: the Fleet Program, Stipulated Fine Program, Commercial Abatement Program, Car Rental Program, hearings by mail or through a website maintained or controlled by the Department, CAU hearings, and scheduling and billing.
An employee must register with the Department of Finance before representing a respondent before the Department of Finance in any capacity by submitting an Authorization for Employee to Act as Representative at Special/Commercial Adjudication Hearings, which is prescribed by the Department of Finance and receiving approval of such Authorization by the Department of Finance. The Authorization for Employee to Act as Representative at Special/Commercial Adjudication Hearings must be:
(i) signed by a duly authorized principal, officer or partner of the respondent; and
(ii) duly acknowledged before a Notary Public. Such Authorizations must be received by CAU before an employee may act on behalf of their company. They will be kept on file at CAU.
(3) Hearing location and schedule. All hearings in which employees act as representatives shall be conducted by appointment only in CAU. No other location or unit (e.g. Business Centers) shall schedule or conduct hearings for respondents represented by employees.
(4) Fleet Program and Car Rental Program. An employee shall not represent a respondent unless such respondent is registered in the Fleet Program or the Car Rental Program. For vehicles registered in either the Fleet Program or the Car Rental Program, no hearing will be allowed without a computer-generated log.*
(5) Reserved.
(6) Summons copy fees. Companies represented by employees are subject to the same summons copy fees as the general public (19 RCNY § 39-02(e)).
(7) Hearing procedures.
(i) Before each hearing, employees must submit to the CAU reception clerk all of the summonses scheduled to be adjudicated. These summonses will be delivered to the presiding judge before the hearing begins. No additional summonses may be submitted/accepted for adjudication at that hearing session once the hearing begins without the authorization of the CAU manager.
(ii) The hearing shall not be interrupted or stopped by the employee because of a dispute on a ruling. The determination of the presiding judge is final and may be overruled only by an appeal.
(iii) Except for the lunch break, the hearing shall proceed without interruption until the end of the day, unless before then the ALJ adjudicates all the summonses the employee has submitted or adjourns the hearing.
(iv) Absent such adjournment, if the employee is not present or otherwise fails to proceed at the hearing, the ALJ may render judgment on all of the unadjudicated summonses as if they were submitted for a hearing by mail.
(v) Any summons not adjudicated on the day of the hearing due to an adjournment for further evidence shall be retained by CAU together with documents attached thereto, and shall be adjudicated on the adjourned date by the same ALJ who began the hearing, if possible. On that adjourned date, the ALJ shall not hear any summonses except those left unadjudicated from the original hearing without special authorization from the CAU manager.
(8) Conduct while at PVB.
(i) Employees must observe in good faith the laws and regulations governing the adjudication of parking violation summonses and any forms and instructions provided to the employee by the Department of Finance.
(ii) Employees must exercise due diligence in:
(1) Learning and obeying applicable statutes, rules, and instructions governing the disposition of, or agreements concerning payment of parking violation summonses, in full, before the CAU;
(2) Complying with, scheduling and creating ECFs, and submitting evidence for hearings; and
(3) Ensuring that their oral and written arguments, statements, and evidence submitted to the Department of Finance are correct.
(iii) An employee who knows or has reason to believe that a respondent has made a factual error in or omission from a document submitted at or prior to the hearing must advise the respondent promptly of such error or omission. An employee must urge the applicant to correct the error and promptly submit the corrected information.
(iv) Employees must not file an application, submit a document, or present testimony or other evidence that is obviously false, or that the employee knows or has reason to believe is false, fraudulent, or contains false information.
(v) Employees must not make any statement or fail to disclose any fact in any situation where such employee knows or has reason to know such statement or failure to disclose information will mislead the ALJ at a hearing.
(vi) Employees must not present a demand or an opinion of fact or law to the ALJ at a hearing unless the employee holds it in good faith and can support it on reasonable grounds.
(vii) An employee must not sign an application in the name of the applicant. An employee signing an application pursuant to an employee authorization form must sign in the employee's own name.
(viii) Employees must not attempt to initiate conversations or correspondence about particular cases with the ALJ before or after the hearing. At the hearing employees must discuss the scheduled matters only. Employees must not telephone, write, email, or otherwise communicate with the ALJ or other employees of the Department of Finance before or after the hearing with additional arguments.
(ix) Employees must not attempt to influence any ALJ or employee of the Department of Finance by the use of threats, false accusations, intimidation or coercion; promises of advantage; or the presenting or offer of any gift, favor or thing of value. An employee must report promptly any such acts of which the employee is aware to the New York City Department of Investigation.
(x) Employees must not engage in disrespectful conduct when communicating with an ALJ regarding Parking Violations Bureau business at any time through means including, but not limited to, using abusive language or disrupting a hearing.
(xi) Employees must not go into any non-public service area unless accompanied or authorized by a manager or supervisor and they must not operate any PVB terminal or other equipment at any time.
(xii) Employees must not request any Department of Finance clerical staff to perform non-routine tasks. All such requests must be addressed directly to and approved by the CAU Manager. "Non-routine" means anything out of the regular processing stream.
(9) Penalty for violation of these rules. Any employee who willfully or repeatedly violates these rules may be barred from representing their employer at PVB in any capacity. The Commissioner may, after providing notice to the employee and an opportunity to be heard, suspend the employee for any period up to life from appearing before the Department of Finance in any capacity, except that the employee may appear on parking violations issued in the employee’s name. Such notice will inform the employee of the reasons for the proposed suspension and that the employee has the right to present information as to why the employee should not be suspended to the Commissioner, or their designee, within 10 business days of delivery of notice by hand or 15 business days of the posting of notice by mail. Any suspension will apply solely to the employee unless the Department of Finance has evidence either that the standard practice of the employer was to commit infractions in its interactions with the Department of Finance regardless of the employee involved or that the employer had knowledge of the employee’s infractions and did not inform the Department of Finance.
(c) Unpaid representatives.
(1) Definitions.
Unpaid representative. An "unpaid representative" is a person who:
(i) is not the owner or operator of the summonsed vehicle;
(ii) represents another person or firm;
(v) receives no fee or other payment for representing respondents at PVB.
(2) Authorization for summonses not in judgment. Prior to any hearing involving summonses not in judgment, an unpaid representative must file with the Department of Finance a signed and notarized designation from the respondent that the representative is authorized to represent the respondent.
(3) Authorization for summonses in judgment. An unpaid representative may not have a hearing on summonses in judgment unless they submit to the Department of Finance a notarized Request for Hearing After Judgment, signed by the registrant of the summonsed vehicle and duly acknowledged before a Notary Public.
(d) Additional CAU procedures.
(1) In addition to any other procedures set forth in this subchapter, the following procedures shall apply to hearings at which respondents, employees, brokers, unpaid representatives, or any other representatives appear before CAU:
(i) All decisions rendered by ALJs at CAU hearings shall be expressed in the form of an alpha numeric reason code from a list of alpha numeric reason codes as determined and maintained by PVB. Each alpha numeric reason code shall consist of an alpha numeric prefix constituting the defenses to a summons provided by a respondent and an alpha numeric suffix constituting the determination rendered by the ALJ. Notwithstanding the foregoing, an ALJ may provide additional information establishing the basis of the ALJ’s decision.
(ii) Except as otherwise provided by law, all evidence submitted in any form at CAU hearings will be retained by CAU. CAU is not required to produce copies or certified true copies of any evidence submitted at CAU hearings.
(2) Respondents, Brokers, unpaid representatives, and any other representatives who appear before CAU must consolidate at least the minimum number of summonses authorized by the Director into one ECF for hearing or appeal. Such minimum number of summonses shall be determined by the Director based on the needs of the Bureau, and shall include a consideration of due process, efficiency, workload, staffing, volume of outstanding ECFs and other resources. Where the total number of outstanding summonses pending hearing or appeal against a respondent is less than such minimum number, such minimum number will be deemed to be the total number of summonses pending hearing or appeal, as applicable.
(3) For the purpose of this subdivision:
(i) The term “broker” has the meaning set forth in paragraph (1) of subdivision (a) of this section.
(ii) The term “employee” has the meaning set forth in paragraph (1) of subdivision (b) of this section.
(iii) The term “unpaid representative” has the meaning set forth in paragraph (1) of subdivision (c) of this section.
(Amended City Record 8/19/2015, eff. 9/18/2015; amended City Record 8/3/2018, eff. 9/2/2018; amended City Record 3/13/2024, eff. 4/12/2024*)
* Editor's note: Section 38 of the rule adopted on March 13, 2024, provides:
This rule takes effect on the earliest effective date authorized by subdivision f of section 1043 the Charter, provided that:
(a) For respondents who have at least 10,000 summonses against them that have not been adjudicated or otherwise satisfied, application of the amendments to 19 RCNY § 39-09(a)(4) made by section 15 of this rule and the amendments to 19 RCNY § 39-09(b)(4) made by section 22 of this rule shall be delayed two additional months for each such set of 10,000 unadjudicated or otherwise unsatisfied summonses; and
(b) Any such delay authorized pursuant to subdivision a of this section shall not exceed a total of twelve months.
This rule takes effect on the earliest effective date authorized by subdivision f of section 1043 the Charter, provided that:
(a) For respondents who have at least 10,000 summonses against them that have not been adjudicated or otherwise satisfied, application of the amendments to 19 RCNY § 39-09(a)(4) made by section 15 of this rule and the amendments to 19 RCNY § 39-09(b)(4) made by section 22 of this rule shall be delayed two additional months for each such set of 10,000 unadjudicated or otherwise unsatisfied summonses; and
(b) Any such delay authorized pursuant to subdivision a of this section shall not exceed a total of twelve months.
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