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// CODE SNIPPET

§28-419.5 Combined Hearings

NYC General Admin. Provisions 2014 > 4 Licensing and Registration of Businesses, Trades and Occupations Engaged in Building Work > 419 Seizure and Forfeiture > §28-419.5 Combined Hearings
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The department may choose to have the underlying violation adjudicated before the office of administrative trials and hearings in accordance with sections 28-419.5.1 through 28-419.5.3.

§28-419.5.1 Combined Hearing and Determination

Upon notice to the respondent, the department may choose to have the violation underlying the seizure returnable to and heard at OATH and may combine the hearing on the underlying violation with the hearing for the return of the seized property. At such combined hearing the OATH judge shall make a determination as to both and may impose any penalty that could be imposed in a proceeding before the environmental control board for the underlying violation. The OATH judge shall issue a determination within five business days after the conclusion of the hearing.

§28-419.5.2 Release Following Finding of No Violation

If the OATH judge finds that the vehicle and/or tools were not used in connection with unlicensed or unregistered activity, the department shall promptly release such vehicle and/or tools.

§28-419.5.3 Release Following Finding of Violation

If the OATH judge finds that the vehicle and/or tools were used in connection with unlicensed or unregistered activity, the department may release such vehicle and/or tools upon payment of all applicable fines and civil penalties and all reasonable costs of removal and storage, or may commence a forfeiture action within twenty business days after the date of the judge's determination.

Related Code Sections


§28-419.5 Licensing and Registration of Businesses, Trades and Occupations Engaged in Building Work, Combined Hearings
to the respondent, the department may choose to have the violation underlying the seizure returnable to and heard at OATH and may combine the hearing ...
NYC General Admin. Provisions 2014 > 4 Licensing and Registration of Businesses, Trades and Occupations Engaged in Building Work > 419 Seizure and Forfeiture > §28-419.5 Combined Hearings
§28-419.5 Licensing and Registration of Businesses, Trades and Occupations Engaged in Building Work, Combined Hearings
to the respondent, the department may choose to have the violation underlying the seizure returnable to and heard at OATH and may combine the hearing ...
NYC General Admin. Provisions 2008 > 4 Licensing and Registration of Businesses, Trades and Occupations Engaged in Building Work > 419 Seizure and Forfeiture > §28-419.5 Combined Hearings
§28-419.5.3 Licensing and Registration of Businesses, Trades and Occupations Engaged in Building Work, Release Following Finding of Violation
If the OATH judge finds that the vehicle and/or tools were used in connection with unlicensed or unregistered activity, the department may release ...
NYC General Admin. Provisions 2014 > 4 Licensing and Registration of Businesses, Trades and Occupations Engaged in Building Work > 419 Seizure and Forfeiture > §28-419.5 Combined Hearings > §28-419.5.3 Release Following Finding of Violation
Article 419 Licensing and Registration of Businesses, Trades and Occupations Engaged in Building Work, Seizure and Forfeiture
to the respondent, the department may choose to have the violation underlying the seizure returnable to and heard at OATH and may combine the hearing ...
NYC General Admin. Provisions 2014 > 4 Licensing and Registration of Businesses, Trades and Occupations Engaged in Building Work > 419 Seizure and Forfeiture
Article 419 Licensing and Registration of Businesses, Trades and Occupations Engaged in Building Work, Seizure and Forfeiture
underlying the seizure returnable to and heard at OATH and may combine the hearing on the underlying violation with the hearing for the return ...
NYC General Admin. Provisions 2008 > 4 Licensing and Registration of Businesses, Trades and Occupations Engaged in Building Work > 419 Seizure and Forfeiture
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