N.Y. Comp. Codes R. & Regs. tit. 15 § 139.4

Current through Register Vol. 46, No. 51, December 18, 2024

Section 139.4 - Provisions applicable to the department of motor vehicles

(a) The commissioner shall provide to all magistrates, in advance, a schedule of hearing dates and locations and forms necessary to carry out the provisions of this Part.

(b) Time of hearing. The refusal hearing shall commence at the place provided in the notice of hearing form and as close as practicable to the designated time. If the hearing cannot be commenced due to the absence of a hearing officer or the unavailability of the planned hearing site, it will be rescheduled by the department, with notice to the police officer and person accused of the refusal. Adjournment requests for hearings held pursuant to section 1194 of the Vehicle and Traffic Law shall be considered in accordance with sections 127.7 and 127.9 of this Title. All other requests for adjournments shall be addressed to the hearing officer, who may order a temporary suspension of the license, permit, nonresident operating privilege, or privilege of operating a vessel or snowmobile pursuant to law and Part 127 of this Title.

(c) Waiver of hearing. A person may waive, in writing, the right to a chemical test refusal hearing. Any such waiver shall constitute an admission that a chemical test refusal occurred as contemplated by section 1194 of the Vehicle and Traffic Law, section 25.24 of the Parks, Recreation and Historic Preservation Law, or section 49-a of the Navigation Law, as the case may be, and such waiver shall result in administrative sanctions provided by law for the chemical test refusal. Failure to appear at a scheduled hearing shall also constitute a waiver; however, the person who failed to appear may make a written request to the commissioner for a rescheduled hearing to be held as soon as practicable in accordance with section 127.8 of this Title.

(d) Civil penalty. Any person whose license, permit, nonresident operating privilege has been revoked, or whose privilege to operate a vessel or snowmobile has been suspended, for refusal to submit to a chemical test shall be liable for payment of a civil penalty as provided by law. No new license, permit or privilege (other than a conditional license, permit or privilege issued pursuant to Part 134 of this Title) shall be issued, or restored, until such civil penalty has been paid.

(e) Notice to the Commissioner of Parks, Recreation and Historic Preservation. The commissioner shall notify the Commissioner of Parks, Recreation and Historic Preservation of any suspension of a person's vessel or snowmobile operating privilege as the result of a hearing or waiver of hearing, and of any restoration of the privilege following such suspension, and of a reversal on appeal of any such suspension.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 139.4