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(a) Rendering of decision. The administrative law judge shall make a determination on the charges, either sustaining or dismissing them.
(b) Examination of prior parking record.
(1) The administrative law judge shall not examine the respondent's parking violations record prior to making a determination on the charges, without the respondent's consent.
(2) Where a determination has been made sustaining the charges, the administrative law judge may examine the respondent's parking violations record prior to fixing fines and assessing penalties and fees.
(c) Final determination. Upon the making of a determination sustaining the charges and the fixing of fines and assessment of penalties or a determination dismissing the charges, the administrative law judge shall cause a final determination to be rendered incorporating such fines and penalties, if any. The Department of Finance will retain the original final determination and will transmit a copy of the final determination to the respondent.
(d) Default judgments.
(1) Where a respondent has failed to plead within the time allowed or to appear for a hearing, or on any subsequent adjourned date, a default judgment sustaining the charges, fixing the fine and, in appropriate cases, assessing penalties and fees, may be entered against said respondent.
(2) Before such a default judgment is rendered, the Bureau shall notify the respondent by such form of first class mail as the Director may determine that a violation is outstanding, of the impending default judgment, and that such judgment may be avoided by entering a plea or making an appearance within thirty days of such notice. Failure or refusal to accept or claim such mail shall be deemed adequate notice for purposes of penalties and entry of a default judgment against the respondent.
(e) Non-residents.
(1) Notice of an impending default judgment shall not be required prior to the rendering and entry thereof in the case of operators or owners who are non-residents of the State of New York.
(2) Registered owners of vehicles registered elsewhere than the State of New York shall be deemed to be non-residents of the State of New York.
(f) Limitations. In no case shall a default judgment be rendered or, where required, a notice of impending default judgment be sent, more than two years after the expiration of the time prescribed for entering a plea or making an appearance.
(g) Entry and filing of judgments. Any judgment rendered, whether after hearing or by default, shall be entered on a judgment roll maintained by the Bureau. A copy of the judgment roll may be filed and recorded in the Office of the Clerk of the Civil Court of the City of New York, or the Office of the Clerk of the county in which the respondent resides or such other county as the Bureau may determine.
(h) Procedure following entry of judgments.
(1) All judgments are to be paid immediately upon entry.
(2) In the case of judgments rendered after hearing, the respondent must pay such judgments in full immediately. However, for good cause shown, the Director or their designee may extend the time for such payment or set conditions therefor.
(3) Default judgments shall be paid in full by or on behalf of the respondent within seven days of the date of entry of such judgments. Nothing in this paragraph shall be construed to limit the Bureau's rights under law to collect such judgments.
(i) Opening of defaults. A default judgment may be opened within one year of its entry only upon written application showing excusable neglect and a substantial defense to the charge. Such application shall be presented to an administrative law judge, senior administrative law judge or supervising administrative law judge.
(j) Vacatur of dismissals procured by knowing misconduct.
(1) A determination dismissing a charged parking violation that has been procured due to the knowing fraud, false testimony, misrepresentation or other misconduct, or the knowing alteration of a notice of parking violation, by the person so charged or their agent, employee or representative may be set aside by an administrative law judge as hereinafter provided.
(2) Notice shall be served on the owner by mail to the last known registered address within two years of the time that the enforcing authority discovers, or could with reasonable diligence have discovered, that the dismissal was procured due to the knowing fraud, false testimony, misrepresentation, or other misconduct, or the knowing alteration of a notice of parking violation, by the person so charged or their agent, employee or representative. Such notice shall fix a time when and place where a hearing shall be held before an administrative law judge to determine whether or not dismissal of a charged parking violation shall be set aside. Such notice shall set forth the basis for setting aside the dismissal and advise the owner that failure to appear at the date and time indicated in such notice shall be deemed an admission of liability and shall result in the setting aside of the dismissal and entry of a determination on the charged parking violation. Such notice shall also contain a warning that civil penalties may be imposed for the violation pursuant to this subdivision and that a default judgment may be entered thereon.
(3) Upon a finding by an administrative law judge that the dismissal of a charged parking violation has been procured due to the knowing fraud, false testimony, misrepresentation, or other misconduct, or the knowing alteration of a notice of parking violation, by the person so charged or their agent, employee or representative, the dismissal shall be set aside and a determination may be rendered against the owner on the charged parking violation. The administrative law judge may impose monetary penalties for the charged parking violation of up to three times the scheduled fine for the violation pursuant to 19 RCNY § 39-05 and three times the additional penalties that may be imposed for failure to respond to a notice of violation pursuant to 19 RCNY § 39-07. The administrative law judge shall also impose, without multiplying, the surcharge authorized by section 1809-a of the Vehicle and Traffic Law. For purposes of determining the amount of such additional penalties, the administrative law judge shall disregard the plea that procured the dismissal that has been set aside and shall calculate such penalties as if there had been no plea or appearance in the proceeding. In any proceeding under this subdivision to set aside a determination and to impose penalties for the violation, it shall not be necessary for the administrative law judge to find that the owner personally committed the unlawful acts that procured the dismissal of the violation.
(4) Failure to appear at the hearing in response to a notice issued pursuant to this subdivision, or to pay, within 7 days, the amount assessed by an administrative law judge pursuant to paragraph 3, shall be deemed to be an admission of liability for the charged parking violation as set forth in the original notice of violation, and a default judgment may be entered against the owner in the maximum amount set forth in paragraph 3 of this subdivision.
(5) A default judgment pursuant to paragraph 4 of this subdivision may be entered more than two years after the expiration of the time prescribed pursuant to subdivision (f) of this section, but no more than two years after the time that the enforcing authority discovers, or could with reasonable diligence have discovered, that the dismissal was procured by fraud, false testimony, misrepresentation, or other misconduct, or the knowing alteration of a notice of parking violation by the respondent or by their agent, employee or representative.
(6) The respondent and the City of New York shall have the right to appeal from any adverse decision in accordance with the appeal procedure set forth in 19 RCNY § 39-12.
(Amended City Record 3/13/2024, eff. 4/12/2024)
(a) Operators and owners.
(2) Except as otherwise provided in 19 RCNY § 39-11(b), the owner of the vehicle, even if not the operator, shall be jointly and severally liable with the operator if such vehicle was used or operated with the permission of the owner, express or implied.
(b) Lessors and lessees.
(1) The lessor of a motor vehicle shall not be liable for the fines and penalties imposed by 19 RCNY §§ 39-05, 39-06 and 39-07 if prior to the issuance of a notice of a violation against the vehicle, the lessor has registered the vehicle with the Bureau as hereinafter provided, has paid the required filing fee provided for in paragraph (6) of this 19 RCNY § 39-11(b) and has otherwise complied with the provisions of this 19 RCNY § 39-11(b), and section 239 of the Vehicle and Traffic Law.
(2) A lessor may register a vehicle with the Bureau by filing with the Bureau the following information:
(i) Plate number
(ii) Plate type
(iii) State of registration. Where more than one party meet the definition of the term "Lessor" set forth in 19 RCNY § 39-01, then each such party is required to co-register. Such co-registrants may designate one of them for the service of notices given by the Bureau or elect to receive each notice separately
(iv) Lessor's legal name and the address at which it does business
(v) A statement from the lessor indicating whether and how it will inform the lessee of the lessee incurring a parking violation once the lessor is notified by the Department of the issuance of the parking violation. Such statement should indicate whether the lessor plans to collect parking violation amounts from the lessee
(vi) Such bank and credit information of the lessor as required by the Bureau.
(3) Any information required or permitted to be furnished under this 19 RCNY § 39-11(b) shall be on forms prescribed by the Bureau. Information will also be accepted by the Bureau if filed on magnetic tape or other recording media in a format prescribed by the Bureau. If requested by a lessor, the Bureau will give notices or provide other information to a lessor on magnetic tape or other similar media in a format prescribed by the Bureau.
(4) Lessor shall file the vehicle registration by first class mail to a post office box or shall personally deliver the registration to the office designated by the Bureau. Payment of the required filing fee shall be made by delivery of a check or money order payable to the "Parking Violations Bureau."
(5) A vehicle shall be deemed registered on the "effective date" of the filing of the registration as follows:
(i) For the primary filing:
(A) If the plate registration and the annual filing fee is received by the Bureau in connection with the lessor's primary filing at least 30 days prior to the commencement of the fiscal year, the effective date shall be the first day of the fiscal year.
(B) If the plate registration and the annual filing fee in connection with the lessor's primary filing, is received by the Bureau less than 30 days prior to the commencement of the fiscal year, the effective date of such filing shall be 30 days from such date. However, the Bureau may designate an earlier date as the effective date of such filing.
(ii) For a filing other than a primary filing: If the plate registration and the required filing fee is received by the Bureau during any month, the effective date shall be retroactive to the first day of that month. The Bureau shall notify the lessor of the effective date of filing of the registration.
(6) The annual filing fee for each vehicle registration shall be twelve dollars for each fiscal year. If a lessor files a plate registration during the fiscal year, the filing fee shall be reduced at the rate of one dollar per month from the commencement of the fiscal year to the effective date of registration. The Bureau shall notify the lessor of receipt of the filing fee. Lessors shall not be entitled to a refund, credit or other reduction of filing fees for registrations withdrawn from service, destroyed, or surrendered during the fiscal year.
(7) Within 90 days after issuance of a Notice of Violation to a vehicle registered with the Bureau hereunder, the Bureau will give notice of such issuance to the lessor. Such notice will be given by first class mail or by personal delivery to the lessor's address on file with the Bureau. Within 37 days after receipt of the notice of outstanding violations, the lessor shall provide to the Bureau the name and address of the lessee. For the purpose of determining lessor's time to provide the information required hereunder, the lessor shall be presumed to have received the notice of the outstanding violations from the Bureau five days after such notice is mailed or delivered by the Bureau unless the lessor can demonstrate that such notice was actually received on a later date.
(8) In addition to the information required under paragraph (7) of this 19 RCNY § 39-11(b), upon the specific request from the Bureau, the lessor shall provide to the Bureau any or all of the following:
(i) The name and address of a lessee's employer and or billing address where contained in the rental agreement or lease;
(ii) A copy of the rental agreement or lease;
(iii) Such credit information about a lessee where contained in the rental agreement or lease;
(iv) A copy of the motor vehicle registration as filed with the State Motor Vehicle Department;
(v) The vehicle identification number.
(9) If the lessor elects to pay the fine and penalty for a violation issued against a vehicle registered under this 19 RCNY § 39-11(b) and such payment is received by the Bureau within 37 days after the lessor received notice of the outstanding violations, and if the Bureau subsequently collects the fine and penalty from the operator or lessee who is liable therefore, the Bureau shall refund to the lessor the amount received from such operator or lessee, less the Bureau's costs of collection.
(10) The Bureau shall give notice to a lessor if a notice of outstanding violation mailed to the name and address of a lessee provided by the lessor is returned to the Bureau by the United States postal authorities. The name and address provided by the lessor previously furnished to the Bureau shall be presumed to be an incorrect name and address unless the lessor shall furnish proof satisfactory to the Bureau, within 60 days after the lessor has received notification of said incorrect name and address, that the lessor has previously furnished the correct name and address. A copy of the rental agreement or lease setting forth the name and address previously furnished shall conclusively rebut the foregoing presumption.
(11) A lessor shall not be liable for a fine or penalty issued to any vehicle if such vehicle has been reported to the police as stolen prior to the time the violation occurred and had not been recovered by such time. A sworn statement that the vehicle has not been recovered at the time of such violation, together with the police alarm number or a certified copy of the police report of the stolen vehicle, shall be sufficient to abate any liability imposed hereunder.
(12) After a lessor provides to the Bureau the name of the lessee, the Bureau shall give notice to the lessee of the outstanding violation and the entry of a default judgment by first class mail and otherwise in accordance with the provisions of section 241 of the Vehicle and Traffic Law.
(13) If a lessor has registered a vehicle with the Bureau, it shall be liable for fines and penalties if:
(i) The lessor fails to provide the name and address of the lessee or otherwise fails to respond by requesting a hearing or by payment of the original fine within 37 days after the lessor receives a notice of outstanding violation from the Bureau;
(ii) the lessor willfully and wrongfully provides fraudulent or incorrect information to the Bureau.
(14) Penalties.
(i) In the event a lessor fails to provide the information specifically requested by the Bureau, under 19 RCNY § 39-11(b)(8), within 60 days of the request or in the event the lessor fails to comply with 19 RCNY § 39-11(b)(13), then the Bureau shall send a notice stating that the lessor is liable for the original fine and mandatory five dollar surcharge. If payment of the original fine and mandatory five dollar surcharge is not made within the time prescribed in said notice, which shall not be less than 30 days, the lessor shall be liable for penalties as prescribed in 19 RCNY § 39-07 as if the vehicle had not been registered with the Bureau pursuant to this subdivision on the date of the summons.
(Amended City Record 4/26/2017, eff. 5/26/2017)
(a) Appeals Board – powers.
(1) There shall be an Appeals Board within the Bureau which will consist of three or more persons duly qualified as Administrative Law Judges, Senior Administrative Law Judges, or Supervising Administrative Law Judges, as the Director shall determine, but in no event shall the Administrative Law Judge from whose decision the appeal is taken be included in the panel determining said appeal.
(2) The Appeals Board may review the facts and the law in any matter and, except in the interests of justice and upon consent of the respondent, shall not consider any evidence which was not presented to the administrative law judge. A concurring vote by two members of the Appeals Board panel will be required to make a determination on an appeal.
(3) Appeals shall be from final determinations or from decisions denying applications to open defaults, or from decisions to vacate dismissals, only. No intermediate appeals shall be allowed, but all claimed errors shall be deemed to be incorporated in the decision appealed from.
(b) (1) A respondent aggrieved by the decision of an administrative law judge upon a plea of denying liability, may obtain a review thereof by serving upon the Bureau, within thirty days of the entry of such decision, a notice of appeal setting forth the reason why the decision should be reversed or modified. The notice of appeal shall be in such form and filed at such place as may be prescribed by the Director. No appeal may be had from a plea of guilty, which has been entered at the hearing.
(2) The filing of a notice of appeal shall not stay the enforcement of a final determination, unless so directed by the Appeals Board on written application or unless the respondent, on or before the filing of a notice of appeal, shall have posted a cash or recognized surety company bond in the full amount of the final determination appealed from. In lieu thereof, the respondent may pay the fines and penalties assessed, subject to reimbursement thereof in appropriate circumstances.
(3) The requirement of service of a notice of appeal within thirty days of the entry of the decision may be waived in the interest of justice by the Director or a Senior or Supervising Administrative Law Judge designated for such purpose. If granted, such waiver shall be conditioned upon service of a notice of appeal within 30 days of the waiver, unless such notice has already been served.
(c) Briefs.
(1) Briefs shall not be required. If the respondent desires to file a brief, it shall be in such form and number of copies as prescribed by the Director.
(2) In the event a respondent desires to file a brief, it shall be so indicated on the face of the notice of appeal.
(3) Briefs shall be filed in the same manner as notices of appeal, at the time of the filing of the notice of appeal, unless the time to do so is extended by the Appeals Board for good cause. Failure to file briefs within the time allowed shall be deemed an abandonment of the appeal.
(d) Hearing of appeals.
(1) Appeals shall be heard upon the record of the hearing before the administrative law judge (if provided), the notice of appeal and such briefs as the respondent may file. The Appeals Board may request or accept briefs on behalf of other interested parties or by amici curiae. All appeals shall be submitted to the Appeals Board without oral argument, unless such oral argument is expressly requested by the appellant, or their attorney in the notice of appeal, and upon compliance with the rules and regulations of the Bureau. Procedures for oral argument and application therefor, shall be prescribed by the Director.
(2) The Bureau shall notify the respondent, either personally or by ordinary first class mail, of the date, time and place of such appearance. Failure or refusal to accept or claim such mail shall be deemed an abandonment of the appeal.
(e) Determinations.
(1) Within sixty days or a period of time determined by the Director pursuant to paragraph (2) of this subdivision, as applicable, after the filing of the notice of appeal, respondent’s briefs or completion of oral argument, whichever date shall come last, the Appeals Board shall render its determination in writing. A copy of such determination shall be sent by ordinary mail or another method deemed appropriate by the Director to the respondent or their counsel.
(2) If the Director determines that the 60-day period set forth in paragraph (1) of this subdivision is inadequate, the Director may establish a longer period based on considerations of due process, efficiency, workload, staffing and other resources.
(f) Finality. The determination of the Appeals Board shall be the final determination of the Bureau.
(g) Abandonment of appeals.
(1) Failure by any Respondent-Appellant to furnish or supply any relevant material required to process their appeal, within thirty days of a request by the Bureau therefor shall be deemed an abandonment of such appeal.
(2) Appeals which are abandoned shall be automatically dismissed. The Director may prescribe procedures for such dismissal.
(Amended City Record 5/25/2016, eff. 6/24/2016; amended City Record 3/13/2024, eff. 4/12/2024)
(a) Certification of final determinations. In the event a respondent shall have failed to comply with the provisions of 19 RCNY § 39-10(h) in connection with final determinations or judgments entered on three or more summonses served within a period of eighteen months, the Bureau shall certify such fact to the Commissioner of Motor Vehicles of the State of New York.
(b) Notification to respondent. Upon such certification, the Bureau shall notify the respondent by registered or certified mail, return receipt requested, that such certification has been made and identifying the judgments or final determinations covered. The notification shall further inform the respondent that the Commissioner of Motor Vehicles will deny any registration or renewal of registration of respondent's vehicle until proof is provided that the respondent has complied with the provisions of 19 RCNY § 39-10(h) in connection with all judgments or Final Determinations for which the respondent is liable.
(a) Computation.
(1) In computing the period of time to perform any act under these rules, the first day on which an act may be performed, e.g. the date of issuance of the notice of violations (summons) shall not be included but the last day of the period shall be included unless it is a Saturday, Sunday, or holiday, in which event the period shall be extended until the next business day.
(2) A holiday is any day appointed as such by the President or Congress of the United States, the Governor or Legislature of the State of New York or the Mayor or Council of the City of New York.
(b) Additional period for mailing. In computing any times under this chapter, an additional three days shall be added if mail is used.
(d) Extensions. The period of time in which any act required by this chapter is to be performed, may be extended by the Director or thier designees for good cause, prior to the expiration of the original time period.
(Amended City Record 3/13/2024, eff. 4/12/2024)
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