§ 39-10 Decisions and Judgments.
RCNY § 39-10
(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.
(e)Non-residents.
(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.
(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.
(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)
