Additional Rights Appealing a Parking Summons
Proposed Rules: Closed to Comments (View Public Comments Received:1)
STATEMENT OF BASIS AND PURPOSE
The Department of Finance’s Parking Violation Bureau adjudicates parking summonses issued in New York City. An Administrative Law Judge (ALJ) conducts a hearing and writes a decision and order that includes a finding of fact and conclusion of law after a review of all the evidence presented. If the ALJ finds the respondent guilty, the respondent can appeal the decision to an appeals panel within 30 days. Currently, the appeals panel may only review the case for errors of fact or law or jurisdictional defects in the summons and is bound by the record established at the hearing. No additional evidence may be reviewed except in the very limited circumstance where that evidence was not reasonably available at the time of the hearing.
These proposed new rules seek to allow the respondent to submit on appeal additional or new evidence in the interest of justice and upon consent of the respondent.