Current through Register Vol. 46, No. 12, March 20, 2024
(a) Adjournments of
hearings may only be granted by the hearing officer responsible for the
particular hearing, or by the Safety Hearing Bureau or the Division of Vehicle
Safety, as appropriate.
(b) It is
the department's general policy to grant a request for adjournment for good
cause if such request is received at least seven days prior to the scheduled
date of hearing and if no prior requests for adjournment have been made.
Notwithstanding this policy, requests for adjournments made more than seven
days prior to hearing may be denied by the hearing officer, or supervisor of
the hearing officer or by the Safety Hearing Bureau or Division of Vehicle
Safety, in their discretion. Grounds for such a denial include, but are not
limited to, such a request being a second or subsequent request for
adjournment, or where there is reason to believe such request is merely an
attempt to delay the holding of a hearing, or where an adjournment will
significantly affect the availability of other witnesses scheduled to
testify.
(c) Any motorist or
designated representative requesting an adjournment should obtain the name and
title of the person granting such request. This information will be required in
the event of any dispute as to whether an adjournment was in fact granted. Any
request which is not specifically granted shall be deemed denied.
(d) Requests for adjournments within seven
days of a scheduled hearing must be made directly to the hearing officer. Such
requests will generally not be granted.
(e)
(1)
Except as provided for in paragraphs (2) and (3) of this subdivision, in any
case where an adjournment is granted, any suspension or revocation of a
license, permit or privilege already in effect may be continued pending the
adjourned hearing. In addition, in the event no such action is in effect, a
temporary suspension of such license, permit or privilege may be imposed at the
time the adjournment is granted provided that the records of the department or
the evidence already admitted furnishes reasonable grounds to believe such
suspension is necessary to prevent continuing violations or a substantial
traffic safety hazard.
(2)
Adjournment of a chemical test refusal hearings held pursuant to Vehicle and
Traffic Law, section 1194. W here an adjournment of a chemical test refusal
hearing is granted at the request of the respondent, any suspension of a
respondent's license, permit or privilege already in effect shall be continued
pending the adjourned hearing. In addition, in the event no such suspension is
in effect when the adjournment is granted, a temporary suspension of such
license, permit or privilege shall be imposed and shall take effect on the date
of the originally scheduled hearing. Such suspension shall not be continued or
imposed if the hearing officer affirmatively finds, on the record, that there
is no reason to believe that the respondent poses a substantial traffic safety
hazard and sets forth the basis for that finding on the record.
(3) Continuance of a chemical test refusal
hearing held pursuant to Vehicle and Traffic Law, section 1194. I f a chemical
test refusal hearing is continued at the discretion of the hearing officer, in
order to complete testimony, to subpoena witnesses or for any other reason, and
if the respondent's license, permit or privilege was suspended pending such
hearing, such suspension shall remain in effect pending the continued hearing
unless the hearing officer affirmatively finds, on the record, that there is no
reason to believe that the respondent poses a substantial traffic safety hazard
and sets forth the basis for that finding on the record. If respondent's
license, permit or privilege was not suspended pending the hearing, the hearing
officer may suspend such license, permit or privilege, based upon the testimony
provided and evidence submitted at such hearing, if the hearing officer
affirmatively finds on the record that there is reason to believe that the
respondent poses a substantial traffic safety hazard and sets forth the basis
for that finding on the record.
(4)
In addition to any grounds for suspension authorized pursuant to paragraphs (2)
and (3) of this subdivision, a hearing officer must impose a suspension or
continue a suspension of a respondent's driver's license, pursuant to
paragraphs (2) and (3) of this subdivision, if the respondent's record
indicates that:
(i) The person has been
convicted of homicide, assault, criminal negligence or criminally negligent
homicide arising out of the operation of a motor vehicle.
(ii) The person has two or more revocations
and/or suspensions of his driver's license within the last three years, other
than a suspension that may be terminated by performance of an act by the
person.
(iii) The person has been
convicted more than once of reckless driving within the last three
years.
(iv) The person has three or
more alcohol-related incidents within the last 10 years, including any
conviction of Vehicle and Traffic Law, section
1192, any finding of a violation of section
1192-a of such law, and a refusal to submit to a chemical test. If a refusal
that arises out of the same incident as a section 1192 conviction, this shall
count as one incident.
(f) Adjournments of hearings held under
section
1194-a of the Vehicle and Traffic Law.
(1) Adjournments of hearings may only be
granted by the hearing officer responsible for the particular hearing, by a
supervisor of such hearing officer or by the Safety Hearing Bureau.
(2) It is the department's general policy to
grant a request for adjournment for good cause if such request is received at
least seven days prior to the scheduled date of hearing and if no prior
requests for adjournment have been made. Notwithstanding this policy, requests
for adjournments made more than seven days prior to hearing may be denied by
the hearing officer, or supervisor of the hearing office or by the Safety
Hearing Bureau. Grounds for such a denial include, but are not limited to, such
a request being a second or subsequent request for adjournment, or where there
is reason to believe such request is merely an attempt to delay the holding of
a hearing, or where an adjournment will significantly affect the availability
of other witnesses scheduled to testify.
(3) Any motorist or designated representative
requesting an adjournment should obtain the name and title of the person
granting such request. This information will be required in the event of any
dispute as to whether an adjournment was in fact granted. Any request which is
not specifically granted shall be deemed denied.
(4) Requests for adjournments within seven
days of a scheduled hearing must be made directly to the hearing officer. Such
requests will generally not be granted, unless the initial hearing was
scheduled less than seven days from the date on which respondent was first
notified of the hearing by the police officer.
(5) A temporary suspension of a license,
permit or privilege may be imposed at the time a second or subsequent
adjournment requested by the respondent is granted provided that the records of
the department or the evidence already admitted furnishes reasonable grounds to
believe such suspension is necessary to prevent continuing violations or a
substantial traffic safety hazard.
(6) Unless an adjournment has been granted,
upon the respondent's failure to appear for a scheduled hearing, the
commissioner shall suspend the license or permit to drive or nonresident
operating privilege until the respondent petitions and a rescheduled hearing is
conducted. If the rescheduled hearing is adjourned at the request of a person
other than the respondent, the respondent's license or privilege shall be
restored by the commissioner.
(7)
If a police officer does not appear for a hearing, the hearing officer shall
have the authority to dismiss the charge. A respondent shall have the right to
waive a hearing.
(8) If the
respondent fails to appear at a hearing, the hearing shall be rescheduled and
no testimony shall be taken in the respondent's absence.
