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 127.9 - Chemical test refusal hearings

(a) Chemical test refusal hearings are required to be scheduled by the court which arraigns the respondent on a related charge of a violation of section 1192 of the Vehicle and Traffic Law, but may be scheduled by the department if the court fails to do so. Notwithstanding the fact that such hearings may be held less than seven days from the date on which the respondent is arraigned in court, requests for adjournments of chemical test refusal hearings are governed by section 127.7 of this Part.

(b) If no adjournment has been granted, and the respondent fails to appear for a scheduled hearing, the respondent's failure to appear shall be deemed to be a waiver of hearing. Respondent may petition for a rehearing, pursuant to section 127.8 of this Part and section 1194-2(c) of the Vehicle and Traffic Law. If such a rehearing is granted, it shall be the responsibility of the respondent to insure the presence of any witness he or she wishes to question or cross-examine.

(c) If the respondent appears for a first scheduled chemical test refusal hearing, and the arresting officer does not appear, the matter will be adjourned and any temporary suspension still in effect shall be terminated. At any subsequent hearing, the hearing officer may make findings of fact and conclusions of law based upon the chemical test refusal report and any other relevant evidence in the record, notwithstanding the police officer' s nonappearance.