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 127.8 - Failure to appear; waiver

Universal Citation: 15 NY Comp Codes Rules and Regs ยง 127.8
Current through Register Vol. 46, No. 12, March 20, 2024

Except as provided in section 127.9 of this Part, in any case where no adjournment is requested or, if requested, is not granted, the respondent's failure to appear shall be deemed to be a waiver of hearing. Any person who is deemed to have waived a hearing under these circumstances may request a rehearing within a reasonable time, which shall, if such request is granted, be held as soon as is practicable. However, any action taken at the original hearing, or in effect at that time, may be continued pending such rescheduled hearing. No rehearing will be scheduled as a substitute for an appeal pursuant to section 127.12 of this Part. Upon a respondent's failure to appear, the referee may receive the testimony of available witnesses and enter evidence into the record. A respondent who has waived a hearing by failing to appear may be suspended pending attendance at an adjourned hearing or a final determination; provided, however, when a respondent is suspended pending hearing pursuant to section 398-f(1)(b) of the Vehicle and Traffic Law, such suspension shall be terminated upon the respondent's attendance at such hearing.

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