N.Y. Comp. Codes R. & Regs. tit. 10 § 76.13

Current through Register Vol. 46, No. 45, November 2, 2024

Section 76.13 - Tribunal appeals

(a) The tribunal shall serve as a review board within the department and will have jurisdiction to review all decisions and orders of tribunal representatives with regard to whether the facts found therein are supported by substantial evidence in the record and the law. The tribunal, whose decisions shall be by a majority of its members, shall have the power to reverse, remand or modify any decision and order appealed from, and may change the amount of any penalty imposed.

(b) A respondent who elects to seek review of any final decision or order of a tribunal representative shall file a notice of appeal with the department within 15 days of receipt of a copy of the decision and order of the tribunal representative. The notice of appeal is to be accompanied by a brief or memorandum outlining specific reasons why the decision and order should be changed. The filing of a notice of appeal will stay the collection of any fine or imposition of a penalty or order until the tribunal has rendered its decision. However, such notice of appeal shall not stay an order for closure nor public release of information regarding such order for closure. Appeals shall be made upon the record of the hearing and are to be made without physical appearance of the respondent unless requested by the respondent in the notice of appeal. Any appeal in which an appearance is made by the respondent will be open to the public.

(c) The tribunal shall issue its decision in writing within 30 days of receipt of the appeal and furnish a copy to the respondent by certified or registered mail.

(d) Final orders or determinations of the tribunal shall be subject to review as provided in article 78 of the Civil Practice Law and Rules.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 76.13