§ 19-206 Hearings.
AC § 19-206
a. Notice of hearing. Whenever a person charged with a parking violation enters a plea of not guilty, the bureau shall advise such person personally or by registered or certified mail, return receipt requested, of the date on which he or she must appear to answer the charge at a hearing. The form and content of such notice of hearing shall be prescribed by the director, and shall contain a warning to advise the person so pleading that failure to appear on the date designated, or on any subsequent adjourned date, shall be deemed, for all purposes, an admission of liability, and that a default judgment may be rendered. b. Conduct of Hearings.
1.Every hearing for the adjudication of a charge of parking violation shall be held before a senior hearing examiner or a hearing examiner in accordance with rules and regulations promulgated by the bureau.
2.No charge may be established except upon proof by a preponderance of the evidence.
3.The hearing officer shall not be bound by the rules of evidence in the conduct of the hearing, except rules relating to privileged communications.
4.The hearing officer may, in his or her discretion, or at the request of the person charged, 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.
5.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 evidence.
6.The hearing officer shall not examine the parking record of a person charged prior to making a determination.
