§ 242 — Administrative review

New York § 242

• Jurisdiction: New York
• Law VAT: Vehicle & Traffic
• Title 2: Department of Motor Vehicles; Commissioner
• Art. 2-B: Adjudication of Parking Infractions

Text

§ 242. Administrative review. 1. There shall be an appeals board\nwithin the bureau which shall consist of three or more hearing examiners\nbut in no event shall the hearing examiner from whose decision the\nappeal is taken be included in the panel determining said appeal.\n 2. An appeal from a determination of any hearing examiner after a\nhearing on a plea denying liability, or from a determination denying a\nmotion to reopen any matter shall be submitted to the appeals board,\nwhich shall have power to review the facts and the law, and shall have\npower to reverse or modify any determination appealed from for error of\nfact or law.\n 3. A party aggrieved by the final determination of a hearing examiner\nmay obtain a review thereof by serving, either personally in writing or\nby certified or registered mail, return receipt requested, upon the\nbureau, within thirty days of the entry of such final determination, a\nnotice of appeal setting forth the reasons why the final determination\nshould be reversed or modified. Upon receipt of such notice of appeal,\nthe bureau shall furnish to the appellant, at his request and at his own\nexpense, a transcript of the original hearing. No appeal shall be\nconducted less than ten days after the mailing of the transcript to the\nappellant or his attorney. When the questions presented by an appeal can\nbe determined without an examination of all the pleadings and\nproceedings, the appellant may prepare and submit a statement showing\nhow the questions arose and were decided by the hearing examiner and\nsetting forth only so much of the facts averred and proved or sought to\nbe proved as are necessary to a decision of the questions.\n 4. Appeals shall be conducted in the presence of the appellant or his\nattorney or both, if such right of appearance is expressly requested by\nthe appellant in his notice of appeal and upon his complying with the\nregulations of the bureau. If the appellant elects to appear, the bureau\nwithin thirty days after the receipt of the notice of appeal shall\nadvise the appellant, either personally or by ordinary first class mail\nof the date on which he shall appear. No appeal shall be conducted less\nthan ten days after the mailing of such notification. The appellant\nshall be notified in writing of the decision of the appeals board.\n 5. The service of a notice of appeal shall not stay the enforcement of\na judgment upon the determination appealed from unless the appellant\nshall have posted a bond in the amount of such determination, at the\ntime of, or before the service of such notice of appeal unless the\nenforcement of such judgment shall have been stayed by the appeals\nboard.\n 6. When charges have been overturned by a court or any other\nadministrative body or officer, the party in whose favor the appeal is\ndecided shall be entitled to have returned an amount equal to any fine\nor penalty imposed and collected from the parking violations bureau\nwithin thirty days of the entry of the judgement; provided, however,\nthat such court, administrative body or officer shall have the authority\nto lessen from such amount any debt owed by such party and shall apply\nthis amount to any outstanding fines and penalties owed by the same\nindividual. If payment is not made within thirty days, a penalty shall\naccrue at the same rate as that imposed for failure to make timely\npayment of a fine and shall be paid by the parking violations bureau.\n