N.Y. Vehicle and Traffic Law 242 – Administrative review
§ 242. Administrative review. 1. There shall be an appeals board within the 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.
Terms Used In N.Y. Vehicle and Traffic Law 242
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
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 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 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 bureau shall furnish to the appellant, at his request and at his 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 his 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 his attorney or both, if such right of appearance is expressly requested by the appellant in his notice of appeal and upon his complying with the regulations of the bureau. If the appellant elects to appear, the 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 he 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 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 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 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.