N.Y. Comp. Codes R. & Regs. tit. 15 § 127.3

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

Section 127.3 - Suspensions pending hearing

(a) Whenever the department suspends a license, privilege or permit pending a hearing, the respondent shall be provided with a notice of suspension, mailed to the respondent's last known address on file with the department. Such suspension shall specify the time and place at which the hearing is scheduled to be held.

(b) Except as otherwise provided in subdivision (d) of this section, no suspension pending a hearing shall be issued unless:

(1) the scheduled hearing date is no later than 30 days from the date of such suspension, or no later than 10 days if such suspension is imposed pursuant to section 415(9-a) of the Vehicle and Traffic Law and either:

(2) for a vehicle safety hearing or other hearing involving a business licensed or regulated by the commissioner, the commissioner has reasonable grounds to believe that such suspension is necessary to prevent continuing violations; or

(3) for hearings involving a driver's license or privilege, the commissioner has reasonable grounds to believe that the respondent, if allowed to continue to drive, would pose an unusual or immediate risk upon the highways.

(c) A statement specifying the basis for the commissioner's determination that such suspension satisfies the criteria set forth in subdivision (b) of this section shall be provided to the respondent.

(d) This subdivision shall not apply to the following: temporary suspension pending chemical test refusal hearings mandated by section 1194 of the Vehicle and Traffic Law; suspensions issued pursuant to section 127.7(e) of this Part upon adjournment of a hearing; suspensions issued pursuant to section 127.8 of this Part following a respondent's failure to appear at a hearing.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 127.3