New York Law

Vehicle and Traffic Law

Consolidated Laws of New York

Article 2A - NY Vehicle and Traffic Law


Section Description
228 Administrative review.
S 228. Administrative review. 1. Appeals board. The commissioner shall
  appoint  three  or  more appeals officers, to serve at his pleasure, and
  shall select a chairman for each  appeals  board  from  the  members  so
  appointed.    Appeals  officers  who  are not full time employees of the
  department shall be attorneys admitted to practice in  New  York  state.
  The  commissioner  shall assign at least three appeals officers to serve
  on each appeals board established  to  hear  appeals  pursuant  to  this
  section.  Any  appeals  officer  who  is not a full time employee of the
  department shall receive a per diem  at  a  rate  to  be  fixed  by  the
  commissioner,  with the approval of the director of the budget, for each
  day he serves  on  an  appeals  board,  in  addition  to  all  necessary
  expenses.  The  commissioner  shall also designate such other members of
  the department as may  be  necessary  to  assist  an  appeals  board  in
  carrying out its assigned functions.
    2. Right of appeal. (a) Any person who is aggrieved by a determination
  of  a  hearing  officer  may  appeal  such determination pursuant to the
  provisions of this article.
    (b) Except as otherwise provided in this subdivision, a transcript  of
  the  hearing  resulting  in  the  determination  appealed  from  must be
  submitted on any such appeal.
    (c) If the only issue raised on appeal is the appropriateness  of  the
  penalty  imposed,  the  appellant,  in  his  discretion, may submit such
  appeal without a transcript of the hearing. In such event, the  decision
  of  the  appeals  board may be based solely on the appeal papers and the
  records of the department, and such decision shall  not  be  subject  to
  judicial review.
    (d)  Where  a  transcript  of  the hearing is submitted at the time an
  appeal is filed, the determination of the appeals board will be  subject
  to judicial review as prescribed in subdivision nine of this section.
    3. Appeals boards. Each appeal filed pursuant to this section shall be
  reviewed  by  an appeals board, which shall make a determination of such
  appeal, and shall cause an  appropriate  order  to  be  entered  in  the
  records of the department.
    4.  Time  limitations. No appeal shall be reviewed if it is filed more
  than thirty days after notice was given of  the  determination  appealed
    5.  Appeal  procedures.  Any person desiring to file an appeal from an
  adverse determination pursuant to this section, shall do so  in  a  form
  and  manner  provided by the commissioner. The transcript of any hearing
  which formed the basis for such determination will be reviewed  only  if
  it  is  submitted  by the appellant. An appeal shall not be deemed to be
  finally submitted  until  the  appellant  has  submitted  all  forms  or
  documents required to be submitted by the commissioner or this section.
    6.  Transcript  of  hearings. Transcripts of the record of any hearing
  may be obtained at the cost  to  the  department,  if  prepared  by  the
  department,  or  at  the  rate  specified  in  the  contract between the
  department and the contractor, if prepared by a private contractor.  The
  amount paid at such cost or rate by a person convicted who submits, upon
  an  appeal from the determination of guilt, or upon such appeal and upon
  a review pursuant to the provisions  of  article  seventy-eight  of  the
  civil  practice  law  and rules, a transcript of the hearing or hearings
  which  resulted  in  such  determination,  shall  be  refunded  by   the
  department  upon  a final determination by the appeals board, dismissing
  the charges, or if the charges were sustained by the appeals board, upon
  a final determination by the court, dismissing the charges.
    7. Fees. The fee for filing an appeal shall be ten dollars. No  appeal
  shall be accepted unless the required fee has been paid. Such fees shall
  be  paid  by the appeals board to the department of audit and control to
  the credit of the justice court fund.  After  such  audit  as  shall  be
  required  by the comptroller, such fees shall be credited to the general
  fund of the state.
    8.  Stays  pending  appeal. Whenever a determination has not been made
  within thirty days after an appeal has been finally submitted, a stay of
  execution will be deemed granted by operation of law, and  the  license,
  certificate, permit or privilege affected will be automatically restored
  pending final determination.
    9. Judicial review. (a) No determination of a hearing officer which is
  appealable under the provisions of this section shall be reviewed in any
  court  unless an appeal has been filed and determined in accordance with
  this section.
    (b) A  determination  of  the  appeals  board  in  any  case  where  a
  transcript  of the hearing has been submitted shall be subject to review
  pursuant to  the  provisions  of  article  seventy-eight  of  the  civil
  practice  law  and  rules. Provided, however, a statement by the hearing
  officer at the conclusion of the hearing  indicating  that  the  charges
  have  been sustained and announcing the penalty imposed, together with a
  summary of the reasons the appeal was denied by the appeals board, shall
  constitute sufficient findings for the purpose of such review.

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Vehicle and Traffic Law - Table of Contents

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