§ 1209-a. Transit adjudication bureau. 1. Establishment. There is
hereby created in the authority a transit adjudication bureau. The head
of such bureau shall be the executive director, who shall be appointed
by the president of the authority. The executive director may delegate
the powers and duties conferred upon the executive director by this
section to such qualified officers and employees of the bureau as he may
designate.

* 2. Hearing officers. The president of the authority shall appoint
hearing officers who shall preside at hearings for the adjudication of
charges of transit infractions, as hereinafter defined and the
adjudication of allegations of liability for violations of the rules and
regulations of the triborough bridge and tunnel authority in accordance
with section two thousand nine hundred eighty-five of this chapter, and
who, as provided below, may be designated to serve on the appeals board
of the bureau. Every hearing officer shall have been admitted to the
practice of law in this state for a period of at least three years, and
shall be compensated for his services on a per diem basis determined by
the bureau.

* NB Effective until January 1, 2025

* 2. Hearing officers. The president of the authority shall appoint
hearing officers who shall preside at hearings for the adjudication of
charges of transit or railroad infractions, as hereinafter defined and
the adjudication of allegations of liability for violations of the rules
and regulations of the triborough bridge and tunnel authority in
accordance with section two thousand nine hundred eighty-five of this
chapter, and who, as provided below, may be designated to serve on the
appeals board of the bureau. Every hearing officer shall have been
admitted to the practice of law in this state for a period of at least
three years, and shall be compensated for their services on a per diem
basis determined by the bureau.

* NB Effective January 1, 2025

* 3. Jurisdiction. The bureau shall have, with respect to acts or
incidents in or on the transit facilities of the authority committed by
or involving persons who are sixteen years of age or over, or with
respect to acts or incidents occurring on omnibuses owned or operated by
the metropolitan transportation authority or a subsidiary thereof, and
with respect to violation of toll collection regulations of the
triborough bridge and tunnel authority as described in section
twenty-nine hundred eighty-five of this chapter, non-exclusive
jurisdiction over violations of: (a) the rules which may from time to
time be established by the authority under subdivision five-a of section
twelve hundred four of this chapter; (b) article one hundred thirty-nine
of the health code of the city of New York, as it may be amended from
time to time, relating to public transportation facilities; (c) article
four of the noise control code of the city of New York, as it may be
amended from time to time, insofar as it pertains to sound reproduction
devices; (d) the rules and regulations which may from time to time be
established by the triborough bridge and tunnel authority in accordance
with the provisions of section twenty-nine hundred eighty-five of this
chapter; and (e) rules and regulations which may from time to time be
established by the metropolitan transportation authority or a subsidiary
thereof in accordance with the provisions of section twelve hundred
sixty-six of this chapter. Matters within the jurisdiction of the bureau
except violations of the rules and regulations of the triborough bridge
and tunnel authority shall be known for purposes of this section as
transit infractions. Nothing herein shall be construed to divest
jurisdiction from any court now having jurisdiction over any criminal
charge or traffic infraction relating to any act committed in a transit
or toll facility, or to impair the ability of a police officer to
conduct a lawful search of a person in a transit facility. The criminal
court of the city of New York shall continue to have jurisdiction over
any criminal charge or traffic infraction brought for violation of the
rules of the authority, the triborough bridge and tunnel authority or
the metropolitan transportation authority or a subsidiary thereof, as
well as jurisdiction relating to any act which may constitute a crime or
an offense under any law of the state of New York or any municipality or
political subdivision thereof and which may also constitute a violation
of such rules. The bureau shall have concurrent jurisdiction with the
environmental control board and the administrative tribunal of the
department of health over the aforesaid provisions of the health code
and noise control code of the city of New York.

* NB Effective until January 1, 2025

* 3. Jurisdiction. The bureau shall have, with respect to acts or
incidents in or on the transit or railroad facilities of the authority
or the metropolitan transportation authority or a subsidiary thereof
committed by or involving persons who are sixteen years of age or over,
and with respect to violation of toll collection regulations of the
triborough bridge and tunnel authority as described in section
twenty-nine hundred eighty-five of this chapter, non-exclusive
jurisdiction over violations of: (a) the rules which may from time to
time be established by the authority under subdivision five-a of section
twelve hundred four of this chapter; (b) article one hundred thirty-nine
of the health code of the city of New York, as it may be amended from
time to time, relating to public transportation facilities; (c) article
four of the noise control code of the city of New York, as it may be
amended from time to time, insofar as it pertains to sound reproduction
devices; (d) the rules and regulations which may from time to time be
established by the triborough bridge and tunnel authority in accordance
with the provisions of section twenty-nine hundred eighty-five of this
chapter; and (e) rules and regulations which may from time to time be
established by the metropolitan transportation authority or a subsidiary
thereof in accordance with the provisions of section twelve hundred
sixty-six of this chapter. Matters within the jurisdiction of the bureau
except violations of the rules and regulations of the triborough bridge
and tunnel authority shall be known for purposes of this section as
transit or railroad infractions, as applicable. Nothing herein shall be
construed to divest jurisdiction from any court now having jurisdiction
over any criminal charge or traffic infraction relating to any act
committed in a transit or toll facility, or to impair the ability of a
police officer to conduct a lawful search of a person in a transit or
railroad facility. The criminal court of the city of New York shall
continue to have jurisdiction over any criminal charge or traffic
infraction brought for violation of the rules of the authority, the
triborough bridge and tunnel authority or the metropolitan
transportation authority or a subsidiary thereof, as well as
jurisdiction relating to any act which may constitute a crime or an
offense under any law of the state of New York or any municipality or
political subdivision thereof and which may also constitute a violation
of such rules. The bureau shall have concurrent jurisdiction with the
environmental control board and the administrative tribunal of the
department of health over the aforesaid provisions of the health code
and noise control code of the city of New York.

* NB Effective January 1, 2025

* 4. General powers. The bureau shall have the following functions,
powers and duties:

a. To accept pleas (whether made in person or by mail) to, and to hear
and determine, charges of transit infractions and allegations of civil
liability pursuant to section two thousand nine hundred eighty-five of
this chapter within its jurisdiction;

b. To impose civil penalties not to exceed a total of one hundred
fifty dollars for any transit infraction within its jurisdiction, in
accordance with a penalty schedule established by the authority or the
metropolitan transportation authority or a subsidiary thereof, as
applicable, except that penalties for violations of the health code of
the city of New York shall be in accordance with the penalties
established for such violations by the board of health of the city of
New York, and penalties for violations of the noise code of the city of
New York shall be in accordance with the penalties established for such
violations by law, and civil penalties for violations of the rules and
regulations of the triborough bridge and tunnel authority shall be in
accordance with the penalties established for such violations by section
twenty-nine hundred eighty-five of this chapter;

c. In its sole discretion, to suspend or forgive penalties or any
portion of penalties imposed on the condition that the respondent
voluntarily agrees to perform and actually does satisfactorily perform
unpaid services on transit facilities as assigned by the authority, such
as, without limitation, cleaning of rolling stock;

d. To adopt, amend and rescind rules and regulations not inconsistent
with any applicable provision of law to carry out the purposes of this
section, including but not limited to rules and regulations prescribing
the internal procedures and organization of the bureau, the manner and
time of entering pleas, the conduct of hearings, and the amount and
manner of payment of penalties;

e. To enter judgments and enforce them, without court proceedings, in
the same manner as the enforcement of money judgments in civil actions,
as provided below;

f. To compile and maintain complete and accurate records relating to
all charges and dispositions, which records shall be deemed exempt from
disclosure under the freedom of information law as records compiled for
law enforcement purposes;

g. To apply to a court of competent jurisdiction for enforcement of
any decision or order issued by such bureau or of any subpoena issued by
a hearing officer as provided in paragraph d of subdivision seven of
this section;

h. To enter into contracts with other government agencies, with
private organizations, or with individuals to undertake on its behalf
such functions as data processing, debt collections, mailing, and
general administration, as the executive director deems appropriate,
except that the conduct by hearing officers of hearings and of appeals
may not be performed by outside contractors;

i. To accept payment of penalties and to remit same to the authority
or the metropolitan transportation authority or a subsidiary thereof, as
applicable; and

j. To adjudicate the liability of motor vehicle owners for violations
of rules and regulations established in accordance with the provisions
of section two thousand nine hundred eighty-five of this chapter.

* NB Effective until January 1, 2025

* 4. General powers. The bureau shall have the following functions,
powers and duties:

a. To accept pleas (whether made in person or by mail) to, and to hear
and determine, charges of transit and railroad infractions and
allegations of civil liability pursuant to section two thousand nine
hundred eighty-five of this chapter within its jurisdiction;

b. To impose civil penalties and to issue warnings for any transit or
railroad infraction within its jurisdiction, in accordance with a
penalty schedule established by the authority or the metropolitan
transportation authority or a subsidiary thereof, as applicable, and the
conditions set forth in subdivisions eleven and twelve of this section
and subdivision four of section twelve hundred sixty-six of this
article, except that penalties for violations of the health code of the
city of New York shall be in accordance with the penalties established
for such violations by the board of health of the city of New York, and
penalties for violations of the noise code of the city of New York shall
be in accordance with the penalties established for such violations by
law, and civil penalties for violations of the rules and regulations of
the triborough bridge and tunnel authority shall be in accordance with
the penalties established for such violations by section twenty-nine
hundred eighty-five of this chapter;

c. In its sole discretion, to suspend or forgive penalties or any
portion of penalties imposed on the condition that the respondent
voluntarily agrees to perform and actually does satisfactorily perform
unpaid services on transit or railroad facilities as assigned by the
authority, such as, without limitation, cleaning of rolling stock;

d. To adopt, amend and rescind rules and regulations not inconsistent
with any applicable provision of law to carry out the purposes of this
section, including but not limited to rules and regulations prescribing
the internal procedures and organization of the bureau, the manner and
time of entering pleas, the conduct of hearings, and the amount and
manner of payment of penalties;

e. To enter judgments and enforce them, without court proceedings, in
the same manner as the enforcement of money judgments in civil actions,
as provided below;

f. To compile and maintain complete and accurate records relating to
all warnings, charges and dispositions, which records shall be deemed
exempt from disclosure under the freedom of information law as records
compiled for law enforcement purposes, and provided that, in the absence
of an additional violation, records of a warning issued to an individual
in accordance with paragraph a of subdivision eleven of this section
shall be sealed or expunged as of the date that is four years after the
date that such warning was issued;

g. To apply to a court of competent jurisdiction for enforcement of
any decision or order issued by such bureau or of any subpoena issued by
a hearing officer as provided in paragraph d of subdivision seven of
this section;

h. To enter into contracts with other government agencies, with
private organizations, or with individuals to undertake on its behalf
such functions as data processing, debt collections, mailing, and
general administration, as the executive director deems appropriate,
except that the conduct by hearing officers of hearings and of appeals
may not be performed by outside contractors, and that biometric
identifying technology, including but not limited to facial recognition
technology, may not be used or arranged for use by outside contractors
to enforce or process transit and railroad infractions relating to the
payment of fares;

i. To accept payment of penalties and to remit same to the authority
or the metropolitan transportation authority or a subsidiary thereof, as
applicable; and

j. To adjudicate the liability of motor vehicle owners for violations
of rules and regulations established in accordance with the provisions
of section two thousand nine hundred eighty-five of this chapter.

* NB Effective January 1, 2025

* 5. Notices of violation. The bureau shall prepare and distribute
notices of violation in blank to the transit police and any other person
empowered by law, rule and regulation to serve such notices. The form
and wording of the notice of violation shall be prescribed by the
executive director, and it may be the same as any other notice of
violation or summons form already in use if said form meets the
requirements hereof. The notice of violation may include provisions to
record information which will facilitate the identification and location
of respondents, including but not limited to name, address, telephone
numbers, date of birth, social security number if otherwise permitted by
law, place of employment or school, and name and address of parents or
guardian if a minor. Notices of violation shall be issued only to
persons who are sixteen years of age or over, and shall be served by
delivering the notice within the state to the person to be served. A
copy of each notice of violation served hereunder shall be filed and
retained by said bureau, and shall be deemed a record kept in the
ordinary course of business, and, if sworn to or affirmed, shall be
prima facie evidence of the facts contained therein. Said notice of
violation shall contain information advising the person charged of the
manner and the time within which such person may either admit or deny
the offense charged in the notice. Such notice of violation shall also
contain a warning to advise the person charged that failure to plead in
the manner and within the time stated in the notice may result in a
default decision and order being entered against such person, and the
imposition of supplemental penalties as provided in subdivision five-a
of section twelve hundred four of this chapter. A notice of violation
shall not be deemed to be a notice of liability issued pursuant to
section two thousand nine hundred eighty-five of this chapter.

* NB Effective until January 1, 2025

* 5. Notices of violation. The bureau shall prepare and distribute
notices of violation in blank to the transit police and any other person
empowered by law, rule and regulation to serve such notices. The form
and wording of the notice of violation shall be prescribed by the
executive director, and it may be the same as any other notice of
violation or summons form already in use if said form meets the
requirements hereof. The notice of violation may include provisions to
record information which will facilitate the identification and location
of respondents, including but not limited to name, address, telephone
numbers, date of birth, social security number if otherwise permitted by
law, place of employment or school, and name and address of parents or
guardian if a minor. Notices of violation shall be issued only to
persons who are sixteen years of age or over, and shall be served by
delivering the notice within the state to the person to be served. A
copy of each notice of violation served hereunder shall be filed and
retained by said bureau, and shall be deemed a record kept in the
ordinary course of business, and, if sworn to or affirmed, shall be
prima facie evidence of the facts contained therein. Said notice of
violation shall contain information advising the person charged of the
manner and the time within which such person may either admit or deny
the offense charged in the notice. Such notice of violation shall also
contain a warning to advise the person charged that failure to plead in
the manner and within the time stated in the notice may result in a
default decision and order being entered against such person, and the
imposition of supplemental penalties as provided in subdivision five-a
of section twelve hundred four or subdivision four of section twelve
hundred sixty-six of this chapter. A notice of violation shall not be
deemed to be a notice of liability issued pursuant to section two
thousand nine hundred eighty-five of this chapter.

* NB Effective January 1, 2025

* 6. Defaults. Where a respondent has failed to plead to a notice of
violation or to a notice of liability issued pursuant to section two
thousand nine hundred eighty-five of this chapter within the time
allowed by the rules of said bureau or has failed to appear on a
designated hearing date or a subsequent date following an adjournment,
such failure to plead or appear shall be deemed, for all purposes, to be
an admission of liability and shall be grounds for rendering a default
decision and order imposing a penalty in such amount as may be
prescribed by the authority.

* NB Effective until January 1, 2025

* 6. Defaults. Where a respondent has failed to plead to a notice of
violation or to a notice of liability issued pursuant to section two
thousand nine hundred eighty-five of this chapter within the time
allowed by the rules of said bureau or has failed to appear on a
designated hearing date or a subsequent date following an adjournment,
such failure to plead or appear shall be deemed, for all purposes, to be
an admission of liability and shall be grounds for rendering a default
decision and order imposing a penalty in such amount as may be
prescribed by the authority or the metropolitan transportation authority
or a subsidiary thereof.

* NB Effective January 1, 2025

* 7. Hearings. a. (1) A person charged with a transit infraction
returnable to the bureau or a person alleged to be liable in accordance
with the provisions of section two thousand nine hundred eighty-five of
this chapter who contests such allegation shall be advised of the date
on or by which he or she must appear to answer the charge at a hearing.
Notification of such hearing date shall be given either in the notice of
violation or in a form, the content of which shall be prescribed by the
executive director or in a manner prescribed in section two thousand
nine hundred eighty-five of this chapter. Any such notification shall
contain a warning to advise the person charged that failure to appear on
or by the date designated, or any subsequent rescheduled or adjourned
date, shall be deemed for all purposes, an admission of liability, and
that a default judgment may be rendered and penalties may be imposed.
Where notification is given in a manner other than in the notice of
violation, the bureau shall deliver such notice to the person charged,
either personally or by registered or certified mail.

(2) Whenever a person charged with a transit infraction or alleged to
be liable in accordance with the provisions of section two thousand nine
hundred eighty-five of this chapter returnable to the bureau requests an
alternate hearing date and is not then in default as defined in
subdivision six of this section, the bureau shall advise such person
personally, or by registered or certified mail, of the alternate hearing
date on or by which he or she must appear to answer the charge or
allegation at a hearing. The form and content of such notice of hearing
shall be prescribed by the executive director, and shall contain a
warning to advise the person charged or alleged to be liable that
failure to appear on or by the alternate designated hearing date, or any
subsequent rescheduled or adjourned date, shall be deemed for all
purposes an admission of liability, and that a default judgment may be
rendered and penalties may be imposed.

(3) Whenever a person charged with a transit infraction or alleged to
be liable in accordance with the provisions of section two thousand nine
hundred eighty-five of this chapter returnable to the bureau appears at
a hearing and obtains an adjournment of the hearing pursuant to the
rules of the bureau, the bureau shall advise such person personally, or
by registered or certified mail, of the adjourned date on which he or
she must appear to answer the charge or allegation at a continued
hearing. The form and content of such notice of a continued hearing
shall be prescribed by the executive director, and shall contain a
warning to advise the person charged or alleged to be liable that
failure to appear on the adjourned hearing date shall be deemed for all
purposes an admission of liability, and that a default judgment may be
rendered and penalties may be imposed.

b. Every hearing for the adjudication of a charge of a transit
infraction or an allegation of liability under section two thousand nine
hundred eighty-five of this chapter hereunder shall be held before a
hearing officer in accordance with the rules and regulations promulgated
by the bureau.

c. The hearing officer shall not be bound by the rules of evidence in
the conduct of the hearing, except rules relating to privileged
communications.

d. The hearing officer may, in his or her discretion, or at the
request of the person charged or alleged to be liable on a showing of
good cause and need therefor, issue subpoenas to compel the appearance
of any person to give testimony, and issue subpoenas duces tecum to
compel the production for examination or introduction into evidence of
any book, paper or other thing relevant to the charges.

e. In the case of a refusal to obey a subpoena, the bureau may make
application to the supreme court pursuant to section twenty-three
hundred eight of the civil practice law and rules, for an order
requiring such appearance, testimony or production of materials.

f. The bureau shall make and maintain a sound recording or other
record of every hearing.

g. After due consideration of the evidence and arguments, the hearing
officer shall determine whether the charges or allegations have been
established. No charge may be established except upon proof by clear and
convincing evidence except allegations of civil liability for violations
of triborough bridge and tunnel authority rules and regulations will be
established in accordance with the provisions of section two thousand
nine hundred eighty-five of this chapter. Where the charges have not
been established, an order dismissing the charges or allegations shall
be entered. Where a determination is made that a charge or allegation
has been established or if an answer admitting the charge or allegation
has been received, the hearing officer shall set a penalty in accordance
with the penalty schedule established by the authority, or for
allegations of civil liability in accordance with the provisions of
section two thousand nine hundred eighty-five of this chapter and an
appropriate order shall be entered in the records of the bureau. The
respondent shall be given notice of such entry in person or by certified
mail. This order shall constitute the final determination of the hearing
officer, and for purposes of review it shall be deemed to incorporate
any intermediate determinations made by said officer in the course of
the proceeding. When no appeal is filed this order shall be the final
order of the bureau.

* NB Effective until January 1, 2025

* 7. Hearings. a. (1) A person charged with a transit or railroad
infraction returnable to the bureau or a person alleged to be liable in
accordance with the provisions of section two thousand nine hundred
eighty-five of this chapter who contests such allegation shall be
advised of the date on or by which such person must appear to answer the
charge at a hearing. Notification of such hearing date shall be given
either in the notice of violation or in a form, the content of which
shall be prescribed by the executive director or in a manner prescribed
in section two thousand nine hundred eighty-five of this chapter. Any
such notification shall contain a warning to advise the person charged
that failure to appear on or by the date designated, or any subsequent
rescheduled or adjourned date, shall be deemed for all purposes, an
admission of liability, and that a default judgment may be rendered and
penalties may be imposed. Where notification is given in a manner other
than in the notice of violation, the bureau shall deliver such notice to
the person charged, either personally or by registered or certified
mail.

(2) Whenever a person charged with a transit or railroad infraction or
alleged to be liable in accordance with the provisions of section two
thousand nine hundred eighty-five of this chapter returnable to the
bureau requests an alternate hearing date and is not then in default as
defined in subdivision six of this section, the bureau shall advise such
person personally, or by registered or certified mail, of the alternate
hearing date on or by which such person must appear to answer the charge
or allegation at a hearing. The form and content of such notice of
hearing shall be prescribed by the executive director, and shall contain
a warning to advise the person charged or alleged to be liable that
failure to appear on or by the alternate designated hearing date, or any
subsequent rescheduled or adjourned date, shall be deemed for all
purposes an admission of liability, and that a default judgment may be
rendered and penalties may be imposed.

(3) Whenever a person charged with a transit or railroad infraction or
alleged to be liable in accordance with the provisions of section two
thousand nine hundred eighty-five of this chapter returnable to the
bureau appears at a hearing and obtains an adjournment of the hearing
pursuant to the rules of the bureau, the bureau shall advise such person
personally, or by registered or certified mail, of the adjourned date on
which such person must appear to answer the charge or allegation at a
continued hearing. The form and content of such notice of a continued
hearing shall be prescribed by the executive director, and shall contain
a warning to advise the person charged or alleged to be liable that
failure to appear on the adjourned hearing date shall be deemed for all
purposes an admission of liability, and that a default judgment may be
rendered and penalties may be imposed.

b. Every hearing for the adjudication of a charge of a transit or
railroad infraction or an allegation of liability under section two
thousand nine hundred eighty-five of this chapter hereunder shall be
held before a hearing officer in accordance with the rules and
regulations promulgated by the bureau.

c. The hearing officer shall not be bound by the rules of evidence in
the conduct of the hearing, except rules relating to privileged
communications.

d. The hearing officer may, in their discretion, or at the request of
the person charged or alleged to be liable on a showing of good cause
and need therefor, issue subpoenas to compel the appearance of any
person to give testimony, and issue subpoenas duces tecum to compel the
production for examination or introduction into evidence of any book,
paper or other thing relevant to the charges.

e. In the case of a refusal to obey a subpoena, the bureau may make
application to the supreme court pursuant to section twenty-three
hundred eight of the civil practice law and rules, for an order
requiring such appearance, testimony or production of materials.

f. The bureau shall make and maintain a sound recording or other
record of every hearing.

g. After due consideration of the evidence and arguments, the hearing
officer shall determine whether the charges or allegations have been
established. No charge may be established except upon proof by clear and
convincing evidence except allegations of civil liability for violations
of triborough bridge and tunnel authority rules and regulations will be
established in accordance with the provisions of section two thousand
nine hundred eighty-five of this chapter. Where the charges have not
been established, an order dismissing the charges or allegations shall
be entered. Where a determination is made that a charge or allegation
has been established or if an answer admitting the charge or allegation
has been received, the hearing officer shall set a penalty in accordance
with the penalty schedule established by the authority or the
metropolitan transportation authority or its subsidiaries, or for
allegations of civil liability in accordance with the provisions of
section two thousand nine hundred eighty-five of this chapter and an
appropriate order shall be entered in the records of the bureau. The
respondent shall be given notice of such entry in person or by certified
mail. This order shall constitute the final determination of the hearing
officer, and for purposes of review it shall be deemed to incorporate
any intermediate determinations made by said officer in the course of
the proceeding. When no appeal is filed this order shall be the final
order of the bureau.

* NB Effective January 1, 2025

8. Administrative and judicial review. a. There shall be appeals
boards within the bureau which shall consist of three or more hearing
officers, as the executive director shall determine. The executive
director shall select a chairman for each appeals board from the members
so appointed. No hearing officer may sit on an appeals board
considering an appeal from a determination made by said hearing officer.

b. A party aggrieved by a final determination of a hearing officer may
obtain a review thereof by serving upon the bureau, within thirty days
of the bureau's service of its notice of entry of such order a notice of
appeal setting forth the reasons why the determination should be
reversed or modified. There shall be no interlocutory appeals.

c. An appeal from a final determination of a hearing officer shall be
submitted to the appeals board, which shall have power to review the
facts and the law, but shall not consider any evidence which was not
presented to the hearing officer, and shall have power to reverse or
modify any judgment appealed from for error of fact or law.

d. Appeals shall be made without the appearance of the appellant and
appellant's attorney unless the presence of either or both are requested
by the appellant, appellant's attorney, appellant's parent or guardian
if appellant is a minor, or the appeals board. Within twenty days after
a request for an appearance, made by or for the appellant, appellant's
attorney or the board, the bureau shall advise the appellant, either
personally or by registered or certified mail, of the date on which he
or she shall appear. The appellant shall be notified in writing of the
decision of the appeals board.

e. A party may request and obtain a record of the proceedings
resulting in a determination for which an appeal is sought, but the
party shall pay to the bureau the cost of providing such record. When a
record is timely requested for the purpose of preparing an appeal, the
bureau shall not thereafter cause the appeal to be heard or submitted
less than ten days after the delivery or mailing of the record to
appellant or appellant's attorney.

f. The service of a notice of appeal shall not stay the enforcement of
an order appealed from unless the appellant shall have posted a bond in,
or shall have paid, the amount of penalties imposed in the order
appealed from within the time period established by rule of the bureau
for payment of penalties following entry of such an order.

g. No determination of a hearing officer which is appealable under the
provisions of this section shall be reviewed in any court unless an
appeal has been filed and determined in accordance with this
subdivision. When an appeal has been filed, the order of the appeals
board shall be the final order of the bureau. Judicial review may be
sought pursuant to article seventy-eight of the civil practice law and
rules.

9. Enforcement of judgments. a. The bureau shall have the power to
enforce its final decisions and orders imposing civil penalties for
violations of laws, rules and regulations enforced by it as if they were
money judgments, without court proceedings, in the manner described
herein.

b. Any final order of the bureau imposing a civil penalty, whether the
adjudication was had by hearing or upon default or otherwise, shall
constitute a judgment rendered by the bureau which may be entered in the
civil court of the city of New York or any other place provided for the
entry of civil judgments within the state, and, provided that no
proceeding for judicial review shall then be pending, may be enforced
without court proceedings in the same manner as the enforcement of money
judgments entered in civil actions. A final order against any person or
persons shall be a bar to the criminal prosecution of, and in the case
of a minor, juvenile offender proceedings against, said person or
persons for conduct upon which the order was based.

c. Notwithstanding the foregoing provisions: (1) Before a judgment
based upon a default may be so entered the bureau must have attempted to
notify the respondent by first class mail, in such form as the bureau
may direct: (i) of the default decision and order and the penalty
imposed; (ii) that a judgment will be entered in the civil court of the
city of New York or any other place provided for the entry of civil
judgments within the state; and (iii) the entry of such judgments may be
avoided by requesting a stay of default for good cause shown and either
requesting a hearing or entering a plea pursuant to the rules of the
bureau within thirty days of the mailing of such notice.

(2) Upon receipt by the bureau of a copy of an order to show cause in
lieu of a notice of petition, or of a notice of petition, served upon it
in a proceeding for judicial review of any final order of the bureau
which constitutes a judgment which may be entered in the civil court of
the city of New York or any other place provided for the entry of civil
judgments within the state, the bureau shall forthwith serve by
first-class mail the attorney for the petitioner in such proceeding, or
if the petitioner has initiated the proceeding pro se, the petitioner,
with a notice stating whether or not a judgment was entered in any such
court or other place provided for the entry of civil judgments within
the state prior to the pendency of such proceeding for judicial review.
If a judgment was so entered, such notice from the bureau also shall
contain: (i) the name and address of the court or other place in which
the judgment was entered, and (ii) identification of the judgment book,
index number, docket number, date of entry, other information or
combination of the foregoing, sufficient for the petitioner's attorney
in such proceeding, or for the petitioner pro se, to locate such entry
of judgment according to the indexing system utilized by the court or
other place in which the judgment was entered. Proof of service of such
notice from the bureau shall be filed by the bureau with the court in
which the proceeding for judicial review is pending at the same time as
the filing with the court of the bureau's first legal papers in such
proceeding. The court in which the proceeding for judicial review is
pending shall not accept for filing the bureau's first legal papers in
such proceeding unless such legal papers are accompanied by such proof
of service.

* 10. Funds. All penalties collected pursuant to the provisions of
this section shall be paid to the authority to the credit of a transit
crime fund which the authority shall establish. Any sums in this fund
shall be used to pay for programs selected by the board of the
authority, in its discretion, to reduce the incidence of crimes and
infractions on transit facilities, or to improve the enforcement of laws
against such crimes and infractions. Such funds shall be in addition to
and not in substitution for any funds provided by the state or the city
of New York for such purposes.

* NB Effective until January 1, 2025

* 10. Funds. All penalties collected pursuant to the provisions of
this section shall be paid to the authority to the credit of a transit
crime fund which the authority shall establish. Any sums in this fund
shall be used to pay for programs selected by the board of the
metropolitan transportation authority, in its discretion, to reduce the
incidence of crimes and infractions on transit and railroad facilities,
or to improve the enforcement of laws against such crimes and
infractions. Such funds shall be in addition to and not in substitution
for any funds provided by the state or any political subdivision within
the metropolitan commuter transportation district as established by
section twelve hundred sixty-two of this article for such purposes.

* NB Effective January 1, 2025

* 11. Civil penalties relating to payment of transit fare violations.
Civil penalties imposed by the bureau in connection with a violation by
a respondent of the rules of the authority or the MTA bus company
relating to the payment of fares shall adhere to the following
conditions:

a. A violation that is the first such violation by a respondent
committed in any four year period shall, absent exceptional
circumstances including a concurrent violation or violations by such
individual of the penal law or the rules of conduct of the New York city
transit authority or the MTA bus company which causes or may tend to
cause harm to oneself or to any other person, or to the safe operation
of the transit system, be punishable only by an official written warning
issued according to and governed by the rules of the authority in all
respects; provided that such warning shall not be used for any purpose
other than as a predicate to the imposition by the transit adjudication
bureau of a civil penalty on such respondent pursuant to this
subdivision in the event of a subsequent violation, and provided further
that such information shall not be open to the public, nor subject to
civil or criminal process or discovery, nor used by any court or
administrative or adjudicatory body in any action or proceeding therein
except that which is necessary for the adjudication of the notice of
violation pursuant to this subdivision or for inspection and copying and
use by the respondent.

b. A penalty for a violation that is the second such violation by a
respondent committed in any four year period shall not exceed one
hundred dollars (exclusive of supplemental penalties, interest or costs
assessed thereon). Upon payment by such respondent of the penalty in
full by the date due for such payment, absent exceptional circumstances
as set forth in paragraph a of this subdivision, the bureau shall issue
a farecard to the respondent for use on transit facilities in an amount
not to exceed one-half of the penalty amount.

c. A penalty for a violation that is the third or subsequent such
violation by a respondent committed in any four year period shall not
exceed one hundred fifty dollars (exclusive of supplemental penalties,
interest or costs assessed thereon).

d. In the case of a violation by a respondent who at the time of such
violation is enrolled in the fair fares program administered by the city
of New York and provides to the bureau proof of such enrollment, the
penalty amount for such violation shall not exceed fifty percent of the
penalty amount applicable to such violation pursuant to the schedule of
such penalties as may from time to time be established by rules of the
authority in accordance with paragraphs a through c of this subdivision
(exclusive of supplemental penalties, interest or costs assessed
thereon).

e. Notwithstanding paragraphs a through d of this subdivision, the
bureau shall forgive penalties or any portion of penalties imposed on a
respondent for a violation of the rules of the authority or of the MTA
bus company relating to the payment of fares on the condition that the
respondent enrolls in the fair fares program administered by the city of
New York and provides to the bureau proof of such enrollment.

* NB Effective January 1, 2025

* 12. Civil penalties relating to payment of railroad fare violations.
Civil penalties imposed by the bureau in connection with a violation by
a respondent of the rules of the authority or the metropolitan
transportation authority or any of its subsidiaries relating to the
payment of fares to the Metro-North railroad and Long Island rail road
shall adhere to the following conditions:

a. In the case of a violation by a respondent who at the time of such
violation is enrolled in the fair fares program administered by the city
of New York and provides to the bureau proof of such enrollment, the
penalty amount for such violation shall not exceed fifty percent of the
penalty amount applicable to such violation pursuant to the schedule of
such penalties as may from time to time be established by rules of the
authority or metropolitan transportation authority or any of its
subsidiaries.

b. Notwithstanding the rules of the authority or the metropolitan
transportation authority or any of its subsidiaries, the bureau shall
forgive penalties or any portion of penalties imposed on a respondent
for a violation of the rules of the authority or of the metropolitan
transportation authority or any of its subsidiaries relating to the
payment of fares to the Metro-North railroad or Long Island rail road on
the condition that the respondent enrolls in the fair fares program
administered by the city of New York and provides to the bureau proof of
such enrollment.

* NB Effective January 1, 2025

* 13. Reporting. Within two years of the effective date of this
subdivision, the metropolitan transportation authority shall begin
publishing through the open data website established under section
twelve hundred seventy-nine-i of this article, data regarding fare
evasion infractions adjudicated by the bureau, including without
limitation the number of transit and railroad infractions issued by
location including, to the extent ascertainable, the subway stop, bus
route and/or stop if applicable, the number and percentage of transit or
railroad infractions for which a written warning was issued broken down
by location including, to the extent ascertainable, the subway stop, bus
route and/or stop if applicable, the date and time of day of each
infraction, the number and percentage of transit and railroad
infractions issued wherein the infraction was a second or subsequent
infraction alleged against the respondent, and such other information as
the authority or bureau deem appropriate. No identifiable information
about individual violations shall be published in such reporting.

* NB Effective January 1, 2025