NY S08341

Authorizes municipalities with populations between 190,000 and 200,000 (per 2000 federal census) to establish local civil administrative enforcement bureaus to handle code and ordinance violations threatening public health, safety, or welfare.

Bureau shall be headed by a Director appointed by the governing body for a five-year term, who must be an attorney with at least five years New York practice experience and knowledge of administrative law; Director is removable only for neglect of duty or misfeasance after notice and hearing.

Director appoints administrative law judges (attorneys with at least three years New York practice) who conduct enforcement proceedings, hold hearings, administer oaths, subpoena witnesses, render findings of fact, and impose civil penalties not exceeding maximum amounts prescribed by law.

Establishes procedures for service of notice of violation, default judgments, and an administrative appeals panel consisting of three judges that reviews decisions on facts and law; respondents may appeal within 30 days and final determinations are subject to judicial review under CPLR Article 78.

Prohibits use of bureau decisions in criminal proceedings and specifies that no imprisonment, arrest orders, or deprivation of right to counsel may result from administrative enforcement actions.