N.Y. Comp. Codes R. & Regs. tit. 15 § 82.16

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

Section 82.16 - Review board

(a) The commissioner shall establish a review board. Such board shall consist of persons who have engaged in the automotive repair shop business for at least five years representing the automobile repair shop industry, persons who shall be laymen having no association with the automotive repair shop industry representing consumers, and persons who are attorneys admitted to practice in this State and who have no interest in or represent as an attorney an automotive repair shop. Members of the review board shall be appointed insofar as is practical to provide for representation of different geographic areas of the State, and shall serve in no other capacity in the Department of Motor Vehicles. The number of persons appointed to such review board shall be determined by the commissioner and shall be appointed to serve at his pleasure. Three persons, one of whom shall be an automotive repair shop industry representative, one of whom shall be a consumer representative, and one of whom shall be an attorney appointed pursuant to the provisions of this subdivision, shall as a panel review each appeal from a determination of the hearing officer. Such attorney shall serve as the chairman of such panel with respect to any such review. At least two votes shall be required to take final action on each appeal.

(b) The review board shall review and determine all appeals. Such determination may be to affirm, reverse or modify the initial determination of the hearing officer or to remand the case for a further hearing to determine additional facts.

(c) The review board shall render its decision as promptly as possible.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 82.16