(b) If, after this thirty day period, the bureau continues to demand
payment from this person of the fine or penalty previously satisfied or
wrongfully imposed, or if the bureau does not render a determination,
the person within six months from the date of his or her complaint shall
have the right to an expedited review before a panel of three
administrative law judges. Such panel shall be empowered to compel the
bureau to produce records and other evidence relevant and material to
the complaint. The complainant shall be required to submit, together
with his or her request for a review, a copy of all the materials
submitted with the original complaint. The panel of administrative law
judges shall be empowered to direct that the bureau's records be
changed, as appropriate, to insure that no further demand is made for
the fine or penalty previously satisfied or wrongfully imposed, and the
bureau shall comply with such directive. Further, the panel of
administrative law judges, upon petition by the complainant, may at its
sole discretion, direct the parking violations bureau to pay the
complainant who receives a wrongfully imposed fine or has previously
satisfied an outstanding fine such out-of-pocket expenses as the panel
deems reasonable only in such cases where the complainant sufficiently
demonstrates that he or she has notified the bureau of his or her
complaint under this section and the bureau has failed, in the panel's
opinion, to remove the wrongfully imposed fine or the previously
satisfied fine; however, payment of such expenses shall not exceed the
amount of the original fine.
(c) Any other city authorized to establish a parking violations bureau
may create a panel to resolve complaints relating to satisfied penalties
and wrongfully imposed penalties. The composition of such a panel shall
be determined by local option.
2. This section shall not apply to parking violation fines or
penalties relating to commercial, taxi, common or contract carriers or
livery vehicles.
3. In cities required to create a review panel under this section, the
parking violations bureau shall keep a record of all complaints
submitted under this section for a minimum of three years, and shall
issue a public report every year containing the number of complaints
heard each year according to category, the number of dispositions
favorable to complainants, the average compensation awarded in such
favorable dispositions, and any other appropriate information. Such
information shall also be published annually and placed in the municipal
reference library, in such cities where applicable.
4. The proof that must be submitted in connection with a complaint
made under this section is, as appropriate, a copy of the receipt, money
order or front and back of cancelled check; a copy of a police report of
stolen vehicle or stolen or lost plates or proof of an insurance company
payment for a stolen vehicle, or a department of motor vehicles receipt
for surrendered plates. As used in this section, a "wrongfully imposed"
fine or penalty shall mean a fine or penalty which is imposed after the
respective vehicle has been stolen or after the license plates were
stolen, lost or surrendered to the department of motor vehicles.
5. Every such parking violations bureau shall adopt and promulgate
rules and regulations not inconsistent with any applicable provision of
law, to carry out the purposes of this section.
Structure New York Laws
Title 2 - Department of Motor Vehicles; Commissioner
Article 2-B - Adjudication of Parking Infractions
237 - Functions, Powers and Duties.
239 - Ownership and Operation of Vehicles; Liability.
240 - Hearings, Notice and Conduct.
241 - Final Determinations, Judgments.
241-A - Complaint Procedure for Satisfied or Wrongfully Imposed Fine or Penalty.