§ 527. Procedure for noncompliance. 1. The commissioner of jurors may
bring a proceeding for noncompliance against any person who fails to
respond to a juror qualification questionnaire pursuant to section five
hundred nine of this article; or who fails to attend after having been
summoned pursuant to section five hundred sixteen of this article. Such
person shall be subject to a civil penalty not to exceed two hundred
fifty dollars for failing to respond or attend in violation of the
provisions of this article. Imposition of such penalty shall be in
accordance with the provisions of this section and all penalties paid
shall be the property of the state.

2. No penalty hereunder may be imposed upon any person unless it is
established that he or she received the juror's qualification
questionnaire or summons and unless such person is served, either
personally or by first-class mail, with a notice of noncompliance. The
notice of noncompliance shall be in a form prescribed by the chief
administrator of the courts and shall:

(a) Describe the particular instance of noncompliance for which a
penalty is sought to be imposed;

(b) Require the person served, at a time and in a manner to be
specified in such notice, to respond to the notice by admitting his or
her noncompliance or requesting a hearing thereon;

(c) Advise the person served that failure to respond to such notice
shall be deemed an admission of noncompliance and a default judgment may
be entered against such person for a penalty hereunder.

3. (a) Whenever a person served with a notice of noncompliance fails
to respond to such notice or admits his or her noncompliance, the court
or judicial hearing officer shall have the authority to impose a penalty
in an amount not to exceed two hundred fifty dollars and shall issue an
order fixing a date certain for jury service by the respondent.

(b) (i) Whenever a person served with a notice of noncompliance
requests a hearing thereon, such hearing shall be scheduled and the
person so notified not sooner than thirty days in advance of the hearing
date.

(ii) Each hearing shall be before the court or the judicial hearing
officer assigned for that purpose and shall be conducted in accordance
with procedures established by the chief administrator of the courts
therefore; provided, however, that rules of evidence shall not apply
except those relating to privileged communications. A judicial hearing
officer so assigned may issue a subpoena to require the attendance at a
hearing of persons to give testimony or to produce books, papers or
other things relevant to the hearing.

(iii) Whenever a judicial hearing officer presides over a hearing
hereunder he shall cause a record to be made thereof in the manner
prescribed by the chief administrator.

(iv) The court or the judicial hearing officer shall determine
whether, by a preponderance of the evidence presented, the charge
specified in the notice of noncompliance has been sustained. Such charge
may not be sustained upon a finding of undue hardship or extreme
inconvenience as set forth in subdivision (c) of section five hundred
seventeen of this chapter or for any other excuse based on a good and
sufficient cause. If the charge is sustained the court or the judicial
hearing officer shall have the authority to impose a penalty in an
amount not to exceed two hundred fifty dollars and shall issue an order
fixing a date certain for jury service by the respondent. If the charges
are not sustained, the court or the hearing officer shall issue an order
fixing a date certain for jury service by the respondent unless an
affidavit is filed.

4. Failure to comply with the terms of the order shall subject the
respondent to such criminal and civil penalties as may otherwise be
provided by law.

5. (a) In the event an order imposes a penalty, the court or the
judicial hearing officer shall have the authority to determine the
amount of and to enter a civil judgment thereon. Such judgment shall be
enforceable as a money judgment in any court of competent jurisdiction.

(b) (i) Notwithstanding the provisions of paragraph (a) of this
subdivision, when a default judgment is sought hereunder, an affidavit
shall be submitted that additional notice has been given, at least
twenty days before the entry of such judgment, to the person who has
failed to respond by mailing a copy of the notice of noncompliance by
first-class mail to such person at his or her place of residence in an
envelope bearing the legend "personal and confidential" and not
indicating on the outside of the envelope that the communication is from
a court, the commissioner of jurors or any other public officer or
official. In the event such mailing is returned as undeliverable by the
post office before the entry of the default judgment, a copy of the
notice of noncompliance shall then be mailed in the same manner to the
person who has failed to respond at his or her place of employment if
known.

(ii) The additional notice shall be mailed not less than twenty days
after service of the notice of noncompliance pursuant to subdivision two
of this section. An affidavit of mailing pursuant to this paragraph
shall be executed by the person mailing the notice and shall be filed
with the judgment. Where there has been compliance with the requirements
of this paragraph, failure of the person to whom the additional notice
is addressed to receive such additional notice shall not preclude the
entry of a default judgement.

6. The commissioner of jurors shall have the authority to receive
penalties imposed pursuant to this section. Such penalties shall be paid
to the state commissioner of taxation and finance on a monthly basis no
later than ten days after the last day of each month.