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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 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

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 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,

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.

ģ. 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 ractice 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 con-
stitute 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

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 persons

shall be a bar to the criminal prosecution of, and in the case of a minor, juvenile offender proceedings against, said person persons for conduct upon which the order was based.

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 defaul for good cause shown and either requesting a hearing 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 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 firstclass mail the attorney for the petitioner in such proceeding, or if the petitioner has initiated the proceeding pro se, the petitioner, with 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

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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.

§ 18. This act shall take effect immediately; provided, however, that sections three and four of this act shall take effect upon the enactment into law by the state of New Jersey of legislation having an identical effect with section three of this act, but if the state of New Jersey has already enacted such legislation, sections three and four of this act shall take effect immediately;, and provided further that nothing contained herein shall be deemed to affect the application, qualification, expiration or repeal of any other provision of law amended by

any section of this act and such provision shall be applied or qualified or shall expire or be deemed repealed in the same manner, to the tent and on the same date as the case may be as otherwise provided by law.

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AN ACT to amend the general municipal law, in relation to awarding certain contracts for removal and disposition of sewage sludge and providing for the repeal of such provisions upon expiration thereof Became a law July 17, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The general municipal law is amended by adding a new section 72-9 to read as follows: $ 72-9: Contracts for the removal and disposition of sewage sludge. 1. In any county having a population of

than

million

persons, which contains

town with population of more than seven hundred thousand persons, where the governing body intends to provide for the Teroval and disposition of sewage sludge pursuant to the terms and conditions of a federal consent decree relating to a long term alternative 20. ocean dumping, such county may, by resolution approved by a twothirds vote of its board of supervisors at public meeting, declare hat competitive bidding is impractical or inappropriate with respect to the removal and disposition of sewage sludge and may proceed to award contract for the removal and disposition of sewage sludge without complying with the requirements of competitive bidding but rather utilizing process for competitive requests for proposals as hereinafter set 2. For the purposes of

this section, process for competitive requests for proposals shall mean a method of soliciting proposals and EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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awarding contract on the basis of a formal evaluation of the characteristics, such as quality, cost, delivery schedule and financing of such proposals against stated selection criteria. Public notice of the requests for proposals shall be given in the same manner as public notice of competitive bidding. In the event the county makes a material change in the selection criteria from those previously stated in the notice, it will inform all proposers of such change and permit proposers to modify their proposals.

3. The county may award a contract pursuant to this section only upon the approval of the county executive and pursuant to a resolution

approved by a two-thirds vote of the board of supervisors of such county at a public meeting with such resolution : (a) disclosing the other proposers and the substance

of their proposals; (b) summarizing the negotiation process including the opportunities, any,

available to proposers to present and modify their proposals; and (c) setting forth the criteria upon which the selection was made. 4.

Nothing in this subdivision shall require or preclude negotiations with any proposers following the receipt of responses to the request for proposals, or the rejection of any and all proposals at any time. Upon the rejection of all proposals, the county may solicit new proposals bids in any manner prescribed in this section. &

This act shall take effect immediately and shall expire and be deemed repealed one year after such date.

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CHAPTER 381

AN ACT to amend the civil practice law and rules, in relation to the

certification of business records
Became a law July 17, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision (c) of rule 4518 of the civil practice law and rules, as amended by chapter 792 of the laws of 1984, is amended to read as follows:

(c) Other records. All records, writings and other things referred to in sections 2306[, ] and 2307 and any record and report relating to the administering and analysis of a blood genetic marker test administered pursuant to sections four hundred eighteen and five hundred thirty-two of the family court act are admissible in evidence under this rule and are prima facie evidence of the facts contained, provided they bear a certification or authentication by the head of the hospital, laboratory, department or bureau of a municipal corporation or of the state, or employee delegated for that

purpose or by a qualified physician. Where a hospital record is in the custody of a warehouse, or "warehouseman" as that term is defined by paragraph (h) of subdivision one of section 7-102 of the uniform commercial code, pursuant to a plan approved in writing by the state commissioner of health, admissibility under this subdivision may be established by a certification made by the manager of the warehouse that sets forth (i) the authority by which the record is held, including but not limited to a court order, order of the commissioner, or order or resolution of the governing body or official of the hospital, and (ii) that the record has been in the exclusive custody of such warehouse or warehousemen since its receipt from the hospital or,, if another has had access to it, the name and address of such person and the date on which and the circumstances under which such access was had. Any warehouseman providing a certification as required by this subdivision shall have no liability, for acts or omissions relating thereto,, except for intentional misconduct, and the warehouseman is authorized to assess and collect a reasonable charge for providing the certification described by this subdivision.

§ 2. This act shall take effect immediately.

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CHAPTER 382

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AN ACT authorizing the filling of a vacancy in the office of mayor of

the city of Glen Cove

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Became a law July 17, 1992, with the approval of the Governor. Passed on
Home Rule request pursuant to Article Ix, section 2(b) (2) of the Con-
stitution by a majority vote, three-fifths being present.
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:

Section 1. Notwithstanding the provisions of section 3 of the general
city law, or any general, special or local law, rule regulation to
the contrary, a person, otherwise qualified, who is a member of the city
council of the city of Glen Cove at the time a vacancy in the office of
mayor of such city occurs, may be appointed by the city council to fill
such mayoral vacancy provided that he or she shall have resigned from
the city council prior to such appointment.
$ 2. This act shall take effect immediately.

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AN ACT to amend the public health law, in relation to maintaining sexual

offense evidence collection kits
Became a law July 17, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present.
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:

Section 1. Subdivision 1 of section 2805-i of the public health law,
as added by chapter 821 of the laws of 1984, is amended to read
follows:
1. Every, hospital providing treatment to alleged victims of a sexual
offense shall be responsible for maintaining sexual offense evidence and
the chain of custody as hereinafter provided. Upon admittance or com-
mencement of treatment of the alleged sexual offense victim, the sexual
offense evidence shall be collected and kept in a locked separate and
secure area for not less than (ninety-six hours) one month unless: (a)
such evidence is not privileged and the police request its surrender
before that time, which request shall be complied with; or (b) such evi-
dence is privileged and (i) the alleged sexual offense victim neverthe-
less gives permission to turn such privileged evidence

to the police before that time, or (ii) the alleged sexual offense victim signs & statement directing the hospital to not collect and keep such privileged evidence, which direction shall be complied with. The sexual offense evidence shall include, but not be limited to, slides, cotton Swabs, clothing and other items. Where appropriate such items must be refrigerated and the clothes and swabs must be dried, stored in

paper bags and labeled. Each item of evidence shall be marked and logged with a code number corresponding to the patient's medical record. The alleged sexual offense victim shall be notified that after [ninety-six hours ] the month, the refrigerated evidence will be discarded in compliance with state and local health codes and the alleged sexual offense Victim's clothes will be returned to the alleged sexual offense victim

2. This act shall take effect immediately. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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upon request.

CHAPTER 384

AN ACT to legalize, validate and confirm the acts and proceedings of the

board of trustees of the village of Bath, Steuben county, in relation to a local law providing that the village shall cease to be an assessing unit

Became a law July 17, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Notwithstanding any general, special or local law to the contrary, the acts and proceedings had and taken by the board of trustees

of

the village of Bath in the county of Steuben in enacting local law no. 5 of the year 1991 terminating the village's status as assessing unit pursuant to subdivision 3 of section 1402 of the real property tax law effective December 31,

1991,

hereby legalized, validated, ratified and confirmed, without regard to the date of filing of such local law with the secretary of state.

§ 2. This act shall take effect immediately.

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are

CHAPTER 385

AN ACT in relation to surplusing, firefighting equipment in the posses

sion of the office of mental health to local fire departments and fire districts

Became a law July 17, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Notwithstanding the provisions of section 178 of the state finance law, the commissioner of mental health shall be authorized to directly transfer or dispose of personal property in the nature of firefighting and related equipment in the possession of state psychiatric hospitals to local fire districts or local or municipal fire departments which provide firefighting services to such psychiatric hospitals. Such transfer disposition shall be made without advertisement, solicitation or bid, and shall be made on terms established by the commissioner of mental health.

§ 2. This act shall take effect immediately.

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CHAPTER 386

AN ACT authorizing the city of New York to reconvey its interest in cer

tain real property acquired by in rem tax foreclosure in the borough of Queens to former owner Armando A. Acosta, notwithstanding expiration of the two year period within which application may be made to the city to release its interest in property thus acquired; Block No.

4104, Lot No. 32 on tax map for the borough of Queens Became a law July 17, 1992, with the approval of the Governor. Passed on

Home Rule request pursuant to Article IX, section 2(b) (2) of the Constitution by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Findings. On December 19, 1979, through Queens in rem tax foreclosure action #37, the city of New York acquired title to premises designated as lot #32 in tax block 4104, in the borough of Queens, based

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