N.Y. Vehicle & Traffic Law § 242: Administrative review

§ 242. Administrative review. 1. There shall be an appeals board

within the parking violations bureau and within the traffic camera

violations bureau which shall consist of three or more hearing examiners

but in no event shall the hearing examiner from whose decision the

appeal is taken be included in the panel determining said appeal.

2. An appeal from a determination of any hearing examiner after a

hearing on a plea denying liability, or from a determination denying a

motion to reopen any matter shall be submitted to the applicable appeals

board, which shall have power to review the facts and the law, and shall

have power to reverse or modify any determination appealed from for

error of fact or law.

3. A party aggrieved by the final determination of a hearing examiner

may obtain a review thereof by serving, either personally in writing or

by certified or registered mail, return receipt requested, upon the

applicable bureau, within thirty days of the entry of such final

determination, a notice of appeal setting forth the reasons why the

final determination should be reversed or modified. Upon receipt of such

notice of appeal, the applicable bureau shall furnish to the appellant,

at the appellant's request and at their own expense, a transcript of the

original hearing. No appeal shall be conducted less than ten days after

the mailing of the transcript to the appellant or the appellant's

attorney. When the questions presented by an appeal can be determined

without an examination of all the pleadings and proceedings, the

appellant may prepare and submit a statement showing how the questions

arose and were decided by the hearing examiner and setting forth only so

much of the facts averred and proved or sought to be proved as are

necessary to a decision of the questions.

4. Appeals shall be conducted in the presence of the appellant or the

appellant's attorney or both, if such right of appearance is expressly

requested by the appellant in the appellant's notice of appeal and upon

the appellant complying with the regulations of the applicable bureau.

If the appellant elects to appear, the applicable bureau within thirty

days after the receipt of the notice of appeal shall advise the

appellant, either personally or by ordinary first class mail of the date

on which such appellant shall appear. No appeal shall be conducted less

than ten days after the mailing of such notification. The appellant

shall be notified in writing of the decision of the applicable appeals

board.

5. The service of a notice of appeal shall not stay the enforcement of

a judgment upon the determination appealed from unless the appellant

shall have posted a bond in the amount of such determination, at the

time of, or before the service of such notice of appeal unless the

enforcement of such judgment shall have been stayed by the applicable

appeals board.

6. When charges have been overturned by a court or any other

administrative body or officer, the party in whose favor the appeal is

decided shall be entitled to have returned an amount equal to any fine

or penalty imposed and collected from the parking violations bureau or

the traffic camera violations bureau, as applicable, within thirty days

of the entry of the judgement; provided, however, that such court,

administrative body or officer shall have the authority to lessen from

such amount any debt owed by such party and shall apply this amount to

any outstanding fines and penalties owed by the same individual. If

payment is not made within thirty days, a penalty shall accrue at the

same rate as that imposed for failure to make timely payment of a fine

and shall be paid by the parking violations bureau or the traffic camera

violations bureau, as applicable.