New York Codes, Rules and Regulations
Title 15 - Department of Motor Vehicles
Chapter I - REGULATIONS OF THE COMMISSIONER
Subchapter I - Administrative Adjudication Of Traffic Violations
Part 127 - Safety Hearings
Section 127.1 - Notice of hearing; answers
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Generally. All parties shall be given reasonable notice of a hearing. The notice shall include (1) a statement of the time, place and nature of the hearing, (2) a statement of the legal authority and jurisdiction under which the hearing is to be held, (3) a reference to the particular sections of the statutes and regulations involved, where possible, (4) a short and plain statement of the matters asserted, (5) a statement that interpreter services will be made available, upon request of a deaf respondent, at no charge, (6) a statement that a party may be represented by counsel and (7) a statement of other rules and rights contained in the Department's Administrative Adjudication Plan pursuant to Executive Order 131, section III(B)(11). No pre-hearing answers or responsive pleadings are permitted.
(b) In a hearing initiated through a complaint or investigation of the Division of Vehicle Safety, notice shall be mailed at least 30 days prior to the scheduled date of the hearing, unless a hearing is required by law to be held at an earlier time. Notices of vehicle safety hearings shall be mailed by first class mail , unless otherwise required by the Vehicle and Traffic Law, to the respondent at his or her last-known address on file with the department.
(c) Except for hearings scheduled by a court or hearings governed by subdivision (b) of this section, it is the department's policy to mail notices of hearings at least 14 days prior to the scheduled date of the hearing, unless a hearing is required by law to be held at an earlier time. A notice of hearing shall be mailed by first-class mail to the respondent at his or her last-known address on file with the department unless a different method of service is required by law. Any notice not returned by the post office for nondelivery shall be presumed received by the respondent.
