Decisions and Judgments.
19 RCNY § 39-10
in effect§ 39-10 Decisions and Judgments.
(a) Rendering of decision. The administrative law judge shall make a determination on the charges, either sustaining or dismissing them.
(b) Examination of prior parking record.
(1) The administrative law judge shall not examine the respondent's parking violations record prior to making a determination on the charges, without the respondent's consent.
(2) Where a determination has been made sustaining the charges, the administrative law judge may examine the respondent's parking violations record prior to fixing fines and assessing penalties and fees.
(c) Final determination. Upon the making of a determination sustaining the charges and the fixing of fines and assessment of penalties or a determination dismissing the charges, the administrative law judge shall cause a final determination to be rendered incorporating such fines and penalties, if any. The Department of Finance will retain the original final determination and will transmit a copy of the final determination to the respondent.
(d) Default judgments.
(1) Where a respondent has failed to plead within the time allowed or to appear for a hearing, or on any subsequent adjourned date, a default judgment sustaining the charges, fixing the fine and, in appropriate cases, assessing penalties and fees, may be entered against said respondent.
(2) Before such a default judgment is rendered, the Bureau shall notify the respondent by such form of first class mail as the Director may determine that a violation is outstanding, of the impending default judgment, and that such judgment may be avoided by entering a plea or making an appearance within thirty days of such notice. Failure or refusal to accept or claim such mail shall be deemed adequate notice for purposes of penalties and entry of a default judgment against the respondent.
(e) Non-residents.
(1) Notice of an impending default judgment shall not be required prior to the rendering and entry thereof in the case of operators or owners who are non-residents of the State of New York.
(2) Registered owners of vehicles registered elsewhere than the State of New York shall be deemed to be non-residents of the State of New York.
(f) Limitations. In no case shall a default judgment be rendered or, where required, a notice of impending default judgment be sent, more than two years after the expiration of the time prescribed for entering a plea or making an appearance.
(g) Entry and filing of judgments. Any judgment rendered, whether after hearing or by default, shall be entered on a judgment roll maintained by the Bureau. A copy of the judgment roll may be filed and recorded in the Office of the Clerk of the Civil Court of the City of New York, or the Office of the Clerk of the county in which the respondent resides or such other county as the Bureau may determine.
(h) Procedure following entry of judgments.
(1) All judgments are to be paid immediately upon entry.
(2) In the case of judgments rendered after hearing, the respondent must pay such judgments in full immediately. However, for good cause shown, the Director or their designee may extend the time for such payment or set conditions therefor.
(3) Default judgments shall be paid in full by or on behalf of the respondent within seven days of the date of entry of such judgments. Nothing in this paragraph shall be construed to limit the Bureau's rights under law to collect such judgments.
(i) Opening of defaults. A default judgment may be opened within one year of its entry only upon written application showing excusable neglect and a substantial defense to the charge. Such application shall be presented to an administrative law judge, senior administrative law judge or supervising administrative law judge.
(j) Vacatur of dismissals procured by knowing misconduct.
(1) A determination dismissing a charged parking violation that has been procured due to the knowing fraud, false testimony, misrepresentation or other misconduct, or the knowing alteration of a notice of parking violation, by the person so charged or their agent, employee or representative may be set aside by an administrative law judge as hereinafter provided.
(2) Notice shall be served on the owner by mail to the last known registered address within two years of the time that the enforcing authority discovers, or could with reasonable diligence have discovered, that the dismissal was procured due to the knowing fraud, false testimony, misrepresentation, or other misconduct, or the knowing alteration of a notice of parking violation, by the person so charged or their agent, employee or representative. Such notice shall fix a time when and place where a hearing shall be held before an administrative law judge to determine whether or not dismissal of a charged parking violation shall be set aside. Such notice shall set forth the basis for setting aside the dismissal and advise the owner that failure to appear at the date and time indicated in such notice shall be deemed an admission of liability and shall result in the setting aside of the dismissal and entry of a determination on the charged parking violation. Such notice shall also contain a warning that civil penalties may be imposed for the violation pursuant to this subdivision and that a default judgment may be entered thereon.
(3) Upon a finding by an administrative law judge that the dismissal of a charged parking violation has been procured due to the knowing fraud, false testimony, misrepresentation, or other misconduct, or the knowing alteration of a notice of parking violation, by the person so charged or their agent, employee or representative, the dismissal shall be set aside and a determination may be rendered against the owner on the charged parking violation. The administrative law judge may impose monetary penalties for the charged parking violation of up to three times the scheduled fine for the violation pursuant to 19 RCNY § 39-05 and three times the additional penalties that may be imposed for failure to respond to a notice of violation pursuant to 19 RCNY § 39-07. The administrative law judge shall also impose, without multiplying, the surcharge authorized by section 1809-a of the Vehicle and Traffic Law. For purposes of determining the amount of such additional penalties, the administrative law judge shall disregard the plea that procured the dismissal that has been set aside and shall calculate such penalties as if there had been no plea or appearance in the proceeding. In any proceeding under this subdivision to set aside a determination and to impose penalties for the violation, it shall not be necessary for the administrative law judge to find that the owner personally committed the unlawful acts that procured the dismissal of the violation.
(4) Failure to appear at the hearing in response to a notice issued pursuant to this subdivision, or to pay, within 7 days, the amount assessed by an administrative law judge pursuant to paragraph 3, shall be deemed to be an admission of liability for the charged parking violation as set forth in the original notice of violation, and a default judgment may be entered against the owner in the maximum amount set forth in paragraph 3 of this subdivision.
(5) A default judgment pursuant to paragraph 4 of this subdivision may be entered more than two years after the expiration of the time prescribed pursuant to subdivision (f) of this section, but no more than two years after the time that the enforcing authority discovers, or could with reasonable diligence have discovered, that the dismissal was procured by fraud, false testimony, misrepresentation, or other misconduct, or the knowing alteration of a notice of parking violation by the respondent or by their agent, employee or representative.
(6) The respondent and the City of New York shall have the right to appeal from any adverse decision in accordance with the appeal procedure set forth in 19 RCNY § 39-12.
(Amended City Record 3/13/2024, eff. 4/12/2024)
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-146141Fetched: 10/24/2026