§ 227. Hearings; determinations. 1. Every hearing for the adjudication\nof a traffic infraction, as provided by this article, shall be held\nbefore a hearing officer appointed by the commissioner. The burden of\nproof shall be upon the people, and no charge may be established except\nby clear and convincing evidence. The commissioner may prescribe, by\nrule or regulation, the procedures for the conduct of such hearings.\n 2. In any case wherein the people are not ready for the hearing on the\nscheduled hearing date, the hearing officer may order a dismissal of the\ncharge or the adjournment of the hearing to a subsequent time. In any\ncase wherein the people are not ready for the hearing at an ordered\nadjourned time and do not provide a minimum of seven days' notice to the\ndepartment after having been not ready for a hearing on the charge for\nany reason previously, the charge shall be dismissed unless the hearing\nofficer determines that a substantial traffic safety hazard would result\nfrom the dismissal. The commissioner shall promulgate regulations\nconcerning the adjournment of hearings which may permit the dismissal of\ncases by a hearing officer for reasons not prescribed herein.\n 3. After due consideration of the evidence and arguments offered in a\ncontested case, the hearing officer shall determine whether the charges\nhave been established. Where the charges have not been established, an\norder dismissing the charges shall be entered. Where a determination is\nmade that a charge has been established, either in a contested case or\nin an uncontested case where there is an appearance before a hearing\nofficer, or if an answer admitting the charge otherwise has been\nreceived, an appropriate order shall be entered in the department's\nrecords.\n 4. a. An order entered upon the failure to answer or appear or after\nthe receipt of an answer admitting the charge or where a determination\nis made that the charge has been established shall be civil in nature,\nbut shall be treated as a conviction for the purposes of this chapter.\nThe commissioner or his designee may include in such order an imposition\nof any penalty authorized by any provision of this chapter for a\nconviction of such violation, except that no penalty therefore shall\ninclude imprisonment, nor, if monetary, exceed the amount of the fine\nwhich could have been imposed had the charge been heard by a court. If\nthe charge involves a violation of section three hundred eighty-five of\nthis chapter, the driver's license or privileges may be suspended\npending the payment of any penalty so imposed, or, if the charge\ninvolves a violation of section three hundred eighty-five of this\nchapter by a registrant who was not the operator of the vehicle, the\nregistration of such vehicle or privilege of operation of any motor\nvehicle owned by such registrant may be suspended pending the payment of\nany penalty so imposed. Any suspension issued pursuant to this paragraph\nshall be subject to the provisions of paragraph (j-1) of subdivision two\nof section five hundred three of this chapter.\n b. Unpaid fines may be recovered by the commissioner in a civil action\nin the name of the commissioner. In addition, as an alternative to such\ncivil action, and provided that no appeal is pending, the commissioner\nmay file with the county clerk of the county in which the person resides\na final order of the commissioner containing the amount of the fine or\nfines. The filing of such final order shall have the full force and\neffect of a judgment duly docketed in the office of such clerk and may\nbe enforced in the same manner and with the same effect as that provided\nby law in respect to execution issued against property upon judgments of\na court of record. No such civil action shall be commenced nor shall\nsuch final order be filed until at least thirty days after the\ndepartment has posted by ordinary mail to the person at the address of\nsuch person on file with the
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