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NY A11556

Bill

Status

Introduced

6/24/2010

Primary Sponsor

James Conte

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Origin

Assembly

2009-2010 General Assembly

AI Summary

  • Authorizes municipalities with populations between 190,000 and 200,000 to establish a local civil administrative enforcement bureau to conduct hearings and impose civil penalties for code and ordinance violations that threaten public health, safety, or welfare.

  • Requires the bureau to be headed by a Director who is an attorney with at least five years of New York practice experience, appointed by the municipal governing body for a five-year term and removable only for neglect of duty or misfeasance after notice and hearing.

  • Establishes administrative law judges (attorneys with at least three years New York practice experience) to conduct hearings, administer oaths, subpoena witnesses, make findings of fact, and impose civil penalties up to legal maximums, with decisions appealable to a three-judge Administrative Appeals Panel.

  • Sets procedures for service of violation notices (including by certified mail or affixing to vehicles for noise/parking violations), default judgments when respondents fail to appear or plead, and enforcement of final orders as civil judgments in district or city court.

  • Prohibits imprisonment, arrest orders, or deprivation of counsel rights in administrative proceedings, and restricts use of bureau decisions from being cited or used as precedent in criminal proceedings.

Legislative Description

Authorizes the creation of a local civil administrative enforcement bureaus in any municipality having a population over 190,000 and less than 200,000; sets forth requirements for the function and administration of such bureau and proceedings conducted thereunder.

Last Action

referred to local governments

6/24/2010

Committee Referrals

Local Governments6/24/2010

Full Bill Text

No bill text available