Bureau Information

ADMITTING THE VIOLATION WITHOUT APPEARING
As provided in section 7 of the Bureau regulations, a violation may be admitted in some cases without appearing before the Bureau. If the admission procedure is designated “applicable” on the instruction sheet accompanying the Notices of Violation (NOVs) for a particular case before the Bureau (designated by index number), it means that the respondent may admit the charges set forth in the NOV or, if there are multiple NOVs under one index number, admit the charges set forth in all of the NOVs. (Where there are multiple NOVs under one index number, an appearance before the Bureau is required unless the respondent is admitting the charges in each and every NOV.)

To admit the violation(s) without appearing before the Bureau, the respondent must pay the minimum penalty designated for each NOV, as well an administrative surcharge of for administrative costs of $25 for one NOV or $50 for multiple NOVs under one index number. By admitting the charges and paying the applicable penalties and surcharge, the respondent will waive his/her/its right to administratively appeal the determination with respect to each NOV and to seek judicial review of that determination in court.

ADMITTING THE VIOLATION WHEN APPEARING BEFORE THE BUREAU:
As provided in section 7 of the Bureau rules, in some circumstances an appearance before the Bureau is required even if the respondent intends to admit the charges set forth in one or more of the NOVs in a particular case (designated by index number). In those cases, the respondent must appear on the return date to conference the matter first with an Assistant Town Attorney and then before an Administrative Law Judge (“ALJ”). After conferencing the matter, the Assistant Town Attorney will recommend an appropriate penalty within the range of penalties set forth on each NOV, taking into consideration the circumstances underlying the violation and the extent to which the respondent has already corrected the violation or can establish that the violation will be corrected. The parties will then appear before an ALJ to finalize the settlement.

In addition to the penalty assessed for each violation, the respondent will be assessed a surcharge for administrative costs of $25 for one NOV or $50 for multiple NOVs under one index number. By admitting the charges before the ALJ, the respondent will waive his/her/its right to administratively appeal the determination with respect to each NOV and to seek judicial review of that determination in court.

CONTESTING THE VIOLATION:
In order to contest any NOV, the respondent must appear before an ALJ at the scheduled date and time, either in person or by sending an attorney to appear on his/her/its behalf. The Town employee who issued the NOV will not be present at the initial appearance but his/her presence may be requested at a later date for a scheduled hearing at which the respondent may present evidence in an attempt to refute the charge. At the conclusion of the hearing, the ALJ will issue a written decision dismissing or sustaining the charges against the respondent. If some or all of the charges against the respondent are sustained, the decision will assess a monetary penalty within the penalty range identified for each NOV sustained. The respondent will also be assessed a surcharge for administrative costs of $25 where a single violation has been sustained, or $50 if two or more violations under one index number have been sustained. The final decision assessing monetary penalties and a surcharge may be docketed and enforced as a money judgment against the respondent in the Suffolk County District Court and, if the violation charged concerns real property, the assessed penalties and surcharge may be collected as part of the taxes on such property.

POSTPONEMENTS:
On one occasion prior to the date and time of the scheduled appearance, a respondent may request a postponement of the hearing without a showing of good cause, provided that none of the NOVs is marked “dangerous condition.” Any other request for a postponement must be supported by “good cause” as set forth in section 9(C) of the Bureau regulations. To make a request for a postponement, a respondent may telephone the Bureau of Administrative Adjudications at 631-351-3146 or make the request on line at www.HuntingtonNY.Gov/Bureau.

DEFAULTS:
If the respondent fails to appear before the Bureau without having admitted the charges (where applicable) or having been granted a postponement, the respondent will be deemed to have defaulted. Upon such default, the maximum penalty set forth on each NOV will be assessed against the respondent together with a surcharge for administrative costs of $50 per index number. The default decision may be docketed and enforced as a money judgment against the respondent in the Suffolk County District Court and, if the violation charged concerns real property, the assessed penalty and surcharge may be collected as part of the taxes on such property.

MOVING TO SET ASIDE A DEFAULT
A respondent who has defaulted may move to stay or vacate the default upon a showing that he/she/it had good cause for failing to appear before the Bureau and a defense to the charge(s). (The respondent may not seek to reopen a default solely to contest the amount of the penalty.) To make such a motion, the respondent may complete the form on the back of the Notice of Decision on Default (also provided at link to Doc #12) and return it to the Bureau, or the motion may be made by way of a separate written submission to the Bureau. If the motion is made a year or more after the default notice was issued, the respondent will also need to show good cause for the delay in making the motion. If the motion is granted, the matter will be restored to the calendar. If the motion is denied, payment will be due as set forth in the decision provided to the respondent.

ADMINISTRATIVE APPEALS
A respondent may appeal an adverse decision to a panel of three administrative law judges by completing and submitting within 30 days a Notice of Appeal form (provided at link to Doc #4) and other required documentation. Pursuant to Section 93-11(G) of the Town Code, for an appeal to be considered the respondent must bay the monetary penalty and surcharge in full unless: 1) a cash or recognized surety company bond has been posted in the full amount of the penalty and surcharge, or 2) a waiver of prior payment due to financial hardship has been granted (application provided at link to Doc #13), or 3) the respondent is the holder of a license or permit for the operation of a business issued by the Town of Huntington and thus exempt from the requirement that he/she/it pay the penalty and surcharge, or post a bond, in order to appeal (request for exemption provided at link to Doc #13). An adverse decision of the Bureau may not be challenged in court unless an administrative appeal is first taken.

When filing an appeal, the respondent must include the following documents, in addition to the Notice of Appeal. 1) A supporting memorandum containing a concise statement of the issues presented and written arguments presenting clearly the points of law and/or the facts relied on in support of the position taken on each issue. 2) A date-stamped receipt or other documentary proof showing that copies of the Notice

of Appeal and the supporting memorandum have been served upon the Town Attorney’s office, as attorney for the issuing agency, either personally or by regular mail or overnight delivery service. 3) Proof that the monetary penalty and surcharge for administrative costs have been paid in full or that a cash or surety bond has been posted. If the respondent is exempt from this requirement as a license or permit holder, or if the respondent is seeking a hardship waiver, a written request for an exemption or waiver must be submitted as noted above.

INSTRUCTIONS FOR PAYMENT
To pay the assessed monetary penalties and surcharge, the respondent may submit a check for the amount due payable to the Town of Huntington BAA by mail addressed to the Bureau of Administrative Adjudication, Town Hall, 100 Main Street, Huntington, NY 11743, pay on line by credit card (with a convenience fee of 2.39% of the total amount due) at www.HuntingtonNY.Gov/Bureau, or visit the Bureau at Town Hall to pay in person.