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What is NYC AC § 19-207?

Quick Answer

This section outlines the procedures for judgments related to parking violations, including the process for sustaining or dismissing charges and the implications of failing to enter a plea or appear at a hearing. It specifies notification requirements for default judgments and applies to operators and owners of vehicles charged with parking violations.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 19-207 Judgments.

AC § 19-207

a. The hearing officer shall make a determination on the charges, either sustaining or dismissing them. Where the hearing officer determines that the charges have been sustained he or she may examine the parking violations record of the person charged prior to rendering a judgment. Judgments sustaining or dismissing charges shall be entered on a judgment roll maintained by the bureau together with records showing payment and non-payment of penalties. No penalties or fees for late payment of a sustained charge shall be assessed by the bureau until at least thirty days have elapsed from the issuance of a notice of determination. If a person files an appeal pursuant to the rules of the bureau, no penalties or fees for late payment of a sustained charge shall be assessed by the bureau until at least thirty days have elapsed from the issuance of a notice of determination of the appeal. b. Where an operator or owner fails to enter a plea to a charge of parking violation or fails to appear on a designated hearing date or subsequent adjourned date, as prescribed by this chapter or by rule or regulation of the bureau, such failure to plead or to appear shall be deemed, for all purposes, an admission of liability and shall be grounds for rendering and entering a default judgment. However, after the expiration of the time prescribed for entering a plea or making an appearance, and before such default judgment may be rendered, the bureau shall notify such operator or owner, by ordinary mail (1) of the violation charge, (2) of the impending default judgment, and (3) that a default may be avoided by entering a plea or making an appearance within thirty days of the sending of such notice. Pleas entered or appearances made within that period shall be in the manner prescribed in the notice and not subject to additional penalty or fee. Such notice of 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. 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.

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