N.Y. Comp. Codes R. & Regs. tit. 15 § 82.15

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

Section 82.15 - Appeals

(a) An appeal from a decision of a hearing officer shall be made to the review board appointed pursuant to the act and section 82.16 of this Part. A suspension pending appearance at a hearing shall not be appealable.

(b) An appeal shall be accompanied by a nonrefundable $10 appeal filing fee. No appeal shall be deemed filed if the required fee has not been paid.

(c) An appeal must be filed on a form prescribed by the commissioner within 60 days after written notice of the determination being appealed from has been mailed to the aggrieved party. No appeal will be considered if it is not timely filed. Forms for processing an appeal may be obtained from the Division of Vehicle Safety.

(d)

(1) The appellant has the option of having the transcript of the hearing reviewed as a part of the appeal proceeding. If the appellant desires to have the transcript reviewed, he must so indicate on the appeal form and he must also submit the transcript as prescribed in this section. The transcript shall not be reviewed if the appellant fails to indicate on the appeal form that the transcript should be reviewed or if the appellant does not file the transcript in the time required by paragraph (3) of this subdivision.

(2) Transcripts can only be obtained from the agency which holds the contract for the transcription of hearings held by the Department of Motor Vehicles. The cost of such transcript, which is payable by the appellant, shall be the price for such transcripts as contained in the contract between the department and the independent contractor.

(3) A transcript will be considered to have been submitted in timely fashion if it is physically submitted to the review board, or if proof that the transcript has been ordered is submitted to the review board not later than 60 days from the date after written notice was given of the determination appealed from or 30 days after the board has mailed an acknowledgment of receipt of the appeal with instructions for ordering the transcript, whichever is later, excluding the date of determination. Proof that the transcript has been ordered shall consist of acknowledgment of receipt of such order by the contractor.

(4) If a request for review of the transcript is made and the transcript is not submitted in timely fashion in accordance with paragraph (3) of this subdivision, the appeal will be deemed untimely and will not be considered. However, upon written notice made within 45 days from the date after written notice is given of the determination appealed from, excluding the date of the determination, a request for review with a transcript can be amended to a request for review without a transcript.

(e) No personal appearances will be allowed.

(f) The submission of a written request to file an appeal shall stay the operation of the initial determination until after a review is had and a determination made by the commissioner. However, failure to timely submit such appeal and comply with the provisions of this subdivision shall remove the stay and reimpose the initial determination.

(g) Whenever the same facts give rise to a hearing, involving any other license or registration issued by the commissioner, a combined hearing may be held. If the registrant appeals only from a determination made with respect to his repair shop registration, he shall be entitled to review as provided in this Part; however, if he appeals from any determination or determinations made with respect to any other license or registration, as well as a determination with respect to his repair shop registration, the appeals procedure established in article 3-A of the Vehicle and Traffic Law shall be followed in lieu of the procedure established in this Part.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 82.15