N.Y. Comp. Codes R. & Regs. tit. 15 § 127.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 127.2 - Time and place of hearing

(a) All hearings, whether scheduled by the department or by a court, shall be commenced at the time and place specified in the notice of hearing, or as soon thereafter as is practicable.

(b) Except as provided in subdivision (c) of this section, hearings shall be commenced within the following time limitations:

(1) for a vehicle safety hearing, 12 months from the filing of a complaint or, where no complaint is filed, from the initiation of the department's investigation;

(2) for a chemical test refusal hearing, six months from the date the department receives notice of refusal;

(3) for a hearing to investigate a fatal accident, 12 months from the date of death;

(4) for any other hearing not required by law, one year form the department's receipt of the facts which give rise to the hearing; and

(5) notwithstanding any of the above provisions, for any hearing, other than a chemical test refusal hearing or a temporary suspension pending hearing imposed pursuant to section 415 (9-a) of the Vehicle and Traffic Law, where a temporary suspension pending such hearing is in effect, 30 days from the effective date of such suspension.

(c) If the department has reasonable grounds for postponing the commencement of a hearing in excess of the time limitations specified in subdivision (b) of this section, such hearing may be commenced as soon thereafter as is practicable, provided the respondent is given prior notice thereof and an explanation of the grounds for such postponement. The reasonableness of such postponement shall be reviewable by the Administrative Appeals Board established pursuant to article 3-A of the Vehicle and Traffic Law or the Repair Shop Review Board established pursuant to article 12-A of such law, provided an appealable determination is subsequently made.

(d) Any time during which the department has offered a respondent a waiver of hearing contingent on the respondent's acceptance of a penalty specified by the department shall not be considered in calculating the time limitations set forth in subdivision (b) of this section.

(e) Any time following a general audit of a facility, during which a facility is given an opportunity to correct deficiencies noted in such audit, shall not be considered in calculating the time limitations set forth in subdivision (b) of this section.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 127.2