§ 1299-eee. Transit adjudication bureau. 1. Establishment. There is\nhereby created in the authority a transit adjudication bureau. The head\nof such bureau shall be the director, who shall be appointed by the\nchairman of the authority. The director may delegate the powers and\nduties conferred upon the director by this section to such qualified\nofficers and employees of the bureau as he may designate.\n 2. Hearing officers. The chairman of the authority shall appoint\nhearing officers who shall preside at hearings for the adjudication of\ncharges of transit infractions, as hereinafter defined, and who, as\nprovided below, may be designated to serve on the appeals board of the\nbureau. Every hearing officer shall have been admitted to the practice\nof law in this state for a period of at least five years, and shall be\ncompensated for his services on a per diem basis determined by the\nbureau.\n 3. Jurisdiction. The bureau shall have, with respect to acts or\nincidents in or on the transit facilities of the authority,\nnon-exclusive jurisdiction over violations of the rules which may from\ntime to time be established by the authority. Matters within the\njurisdiction of the bureau shall be known for purposes of this section\nas transit infractions. Nothing herein shall be construed to divest\njurisdiction from any court now having jurisdiction over any criminal\ncharge relating to any act committed in a transit facility, or to impair\nthe ability of a police officer to conduct a lawful search of a person\nin a transit facility. The criminal court within which jurisdiction the\ntransit authority shall operate transit facilities shall continue to\nhave jurisdiction over any criminal charge brought for violation of the\nrules of the authority, as well as jurisdiction relating to any act\nwhich may constitute a crime or an offense under any law of the state of\nNew York or any municipality or political subdivision thereof and which\nmay also constitute a violation of such rules.\n 4. General powers. The bureau shall have the following functions,\npowers and duties:\n a. To accept pleas (whether made in person or by mail) to, and to hear\nand determine, charges of transit infractions within its jurisdiction;\n b. To impose civil penalties not to exceed a total of two hundred\nfifty dollars for any transit infraction within its jurisdiction, in\naccordance with a penalty schedule established by the authority;\n c. In its sole discretion, to suspend or forgive penalties or any\nportion of penalties imposed on the condition that the respondent\nvoluntarily agrees to perform and actually does satisfactorily perform\nunpaid services on transit facilities as assigned by the authority, such\nas, without limitation, cleaning of rolling stock;\n d. To adopt, amend and rescind rules and regulations not inconsistent\nwith any applicable provision of law to carry out the purposes of this\nsection, including but not limited to rules and regulations prescribing\nthe internal procedures and organization of the bureau, the manner and\ntime of entering pleas, the conduct of hearings, and the amount and\nmanner of payment of penalties;\n e. To enter judgments and enforce them, without court proceedings, in\nthe same manner as the enforcement of money judgments in civil actions,\nas provided below;\n f. To compile and maintain complete and accurate records relating to\nall charges and dispositions, which records shall be deemed exempt from\ndisclosure under the freedom of information law as records compiled for\nlaw enforcement purposes;\n g. To apply to a court of competent jurisdiction for enforcement of\nany decision or order issued by such bureau or of any subpoena issued by\na hearing officer as provided in paragraph d of subdivision seven of\nthis section;\n h. To enter into contracts with other government agencies, with\nprivate organizations, or with individuals to undertake on its behalf\nsuch functions as data processing, debt
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.