§ 89 — Rehearing before commissioner

New York § 89

• Jurisdiction: New York
• Law TRA: Transportation
• Art. 3: Jurisdiction of Commissioner; Proceedings Before Commissioner; Recovery of Penalties; Court Preferences; Fees

Text

§ 89. Rehearing before commissioner. After an order has been made by\nthe commissioner any corporation or person interested therein shall have\nthe right to apply for a rehearing in respect to any matter determined\ntherein, but any such application must be made within thirty days after\nthe service of such order, unless the commissioner for good cause shown\nshall otherwise direct; and the commissioner shall grant and hold such a\nrehearing if in his judgment sufficient reason therefor be made to\nappear. The decision of the commissioner granting or refusing the\napplication for a rehearing shall be made within thirty days after the\nmaking of such application. If a rehearing shall be granted, the same\nshall be determined by the commissioner within thirty days after the\nsame shall be finally submitted. An application for such a rehearing\nshall not excuse any corporation or person from complying with or\nobeying any order or any requirement of any order of the commissioner,\nor operate in any manner to stay or postpone the enforcement thereof\nexcept as the commissioner may by order direct. If, after such rehearing\nand a consideration of the facts, including those arising since the\nmaking of the order, the commissioner shall be of the opinion that the\noriginal order or any part thereof is in any respect unjust or\nunwarranted, or should be changed, the commissioner may abrogate or\nchange the same. An order made after any such rehearing abrogating or\nchanging the original order shall have the same force and effect as an\noriginal order but shall not affect any right or the enforcement of any\nright arising from or by virtue of the original order.\n