Creates a traffic adjudication appeals bureau in executive department for appeals from traffic violations bureau; repealer

BILL NUMBER:S2301

Title of bill

An act to amend the executive law and the vehicle and traffic law, in relation to creating a traffic adjudication appeals bureau within the executive department, and repealing section 228 of the vehicle and traffic law, relating to administrative review of hearing officer determinations by department of motor vehicles appeals boards

Summary

To reform the traffic administrative adjudication and appeals process of the Department of Motor Vehicles in order to ensure the equitable and impartial treatment of all motorists.

Justification

In response to hundreds of complaints from motorists and attorneys about hearing delays, confusing, contradictory and inefficient procedures and guidelines and inequitable treatment, the NYS Bar' Association Task Force on Administrative Adjudication studied the procedures and practices of the system of administrative adjudication of traffic offenses and concluded that the courts operate "in a fashion that is unfair, both in fact and in appearance to the average motorist."

The task force found that the most compelling issue confronting the administrative adjudication process is the undue and improper administrative interference. While individual administrative law judges are attempting to adjudicate the cases on the merits, they are prevented from doing so because of a system that:

1) imposes, and attempts to enforce, conviction and fine rates (65% conviction rate);

2) requires hearing officers to justify acquittals;

3) mandates hearing officers to submit to monthly reviews of their substantive decisions and their conviction and fine records by supervisors; and

4) requires hearing officers to excuse police laxity in the prosecution and presentation of cases.

With approximately 2 million complaints and some 600,000 hearings held annually, the system must operate efficiently and that the disposition of each case is fair and based on its own merits. The system must not only be equitable but also must be perceived to be so by the residents of this state. Thus, this bill would reform the adjudication system at the Department of Motor Vehicles by mandating the promulgation of rules and regulations governing the conduct of each hearing and removes the appeals process from the department to guarantee the independence of the senior judges and the integrity of the system.

Fiscal implication

None.

Effective date

This act shall take effect on the first of January next succeeding the date on which it shall have become a law and sections one through three of this act shall apply by the terms of this act only to appeals which are finally submitted or deemed to be finally submitted on or after the effective date of this act; provided, however, that the provisions of section 228 of the vehicle and traffic law repealed by section two of this act shall continue to apply to any appeal which is finally submitted or deemed to have been finally submitted to a department of motor vehicles appeals board before the effective date of this act, but only until such appeal is determined by such appeals board; and any remand ordered by a court of competent jurisdiction pursuant to a proceeding under article 78 of the civil practice law and rules which has not yet been resubmitted to a department of motor vehicles appeals board before the effective date of this act, shall be referred to the traffic adjudication appeals bureau in the executive department for redetermination pursuant to the order of remand.