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(a) Appeals Board – powers.
(1) There shall be an Appeals Board within the Bureau which will consist of three or more persons duly qualified as Administrative Law Judges, Senior Administrative Law Judges, or Supervising Administrative Law Judges, as the Director shall determine, but in no event shall the Administrative Law Judge from whose decision the appeal is taken be included in the panel determining said appeal.
(2) The Appeals Board may review the facts and the law in any matter and, except in the interests of justice and upon consent of the respondent, shall not consider any evidence which was not presented to the administrative law judge. A concurring vote by two members of the Appeals Board panel will be required to make a determination on an appeal.
(3) Appeals shall be from final determinations or from decisions denying applications to open defaults, or from decisions to vacate dismissals, only. No intermediate appeals shall be allowed, but all claimed errors shall be deemed to be incorporated in the decision appealed from.
(b) (1) A respondent aggrieved by the decision of an administrative law judge upon a plea of denying liability, may obtain a review thereof by serving upon the Bureau, within thirty days of the entry of such decision, a notice of appeal setting forth the reason why the decision should be reversed or modified. The notice of appeal shall be in such form and filed at such place as may be prescribed by the Director. No appeal may be had from a plea of guilty, which has been entered at the hearing.
(2) The filing of a notice of appeal shall not stay the enforcement of a final determination, unless so directed by the Appeals Board on written application or unless the respondent, on or before the filing of a notice of appeal, shall have posted a cash or recognized surety company bond in the full amount of the final determination appealed from. In lieu thereof, the respondent may pay the fines and penalties assessed, subject to reimbursement thereof in appropriate circumstances.
(3) The requirement of service of a notice of appeal within thirty days of the entry of the decision may be waived in the interest of justice by the Director or a Senior or Supervising Administrative Law Judge designated for such purpose. If granted, such waiver shall be conditioned upon service of a notice of appeal within 30 days of the waiver, unless such notice has already been served.
(c) Briefs.
(1) Briefs shall not be required. If the respondent desires to file a brief, it shall be in such form and number of copies as prescribed by the Director.
(2) In the event a respondent desires to file a brief, it shall be so indicated on the face of the notice of appeal.
(3) Briefs shall be filed in the same manner as notices of appeal, at the time of the filing of the notice of appeal, unless the time to do so is extended by the Appeals Board for good cause. Failure to file briefs within the time allowed shall be deemed an abandonment of the appeal.
(d) Hearing of appeals.
(1) Appeals shall be heard upon the record of the hearing before the administrative law judge (if provided), the notice of appeal and such briefs as the respondent may file. The Appeals Board may request or accept briefs on behalf of other interested parties or by amici curiae. All appeals shall be submitted to the Appeals Board without oral argument, unless such oral argument is expressly requested by the appellant, or their attorney in the notice of appeal, and upon compliance with the rules and regulations of the Bureau. Procedures for oral argument and application therefor, shall be prescribed by the Director.
(2) The Bureau shall notify the respondent, either personally or by ordinary first class mail, of the date, time and place of such appearance. Failure or refusal to accept or claim such mail shall be deemed an abandonment of the appeal.
(e) Determinations.
(1) Within sixty days or a period of time determined by the Director pursuant to paragraph (2) of this subdivision, as applicable, after the filing of the notice of appeal, respondent’s briefs or completion of oral argument, whichever date shall come last, the Appeals Board shall render its determination in writing. A copy of such determination shall be sent by ordinary mail or another method deemed appropriate by the Director to the respondent or their counsel.
(2) If the Director determines that the 60-day period set forth in paragraph (1) of this subdivision is inadequate, the Director may establish a longer period based on considerations of due process, efficiency, workload, staffing and other resources.
(f) Finality. The determination of the Appeals Board shall be the final determination of the Bureau.
(g) Abandonment of appeals.
(1) Failure by any Respondent-Appellant to furnish or supply any relevant material required to process their appeal, within thirty days of a request by the Bureau therefor shall be deemed an abandonment of such appeal.
(2) Appeals which are abandoned shall be automatically dismissed. The Director may prescribe procedures for such dismissal.
(Amended City Record 5/25/2016, eff. 6/24/2016; amended City Record 3/13/2024, eff. 4/12/2024)
(a) Certification of final determinations. In the event a respondent shall have failed to comply with the provisions of 19 RCNY § 39-10(h) in connection with final determinations or judgments entered on three or more summonses served within a period of eighteen months, the Bureau shall certify such fact to the Commissioner of Motor Vehicles of the State of New York.
(b) Notification to respondent. Upon such certification, the Bureau shall notify the respondent by registered or certified mail, return receipt requested, that such certification has been made and identifying the judgments or final determinations covered. The notification shall further inform the respondent that the Commissioner of Motor Vehicles will deny any registration or renewal of registration of respondent's vehicle until proof is provided that the respondent has complied with the provisions of 19 RCNY § 39-10(h) in connection with all judgments or Final Determinations for which the respondent is liable.
(a) Computation.
(1) In computing the period of time to perform any act under these rules, the first day on which an act may be performed, e.g. the date of issuance of the notice of violations (summons) shall not be included but the last day of the period shall be included unless it is a Saturday, Sunday, or holiday, in which event the period shall be extended until the next business day.
(2) A holiday is any day appointed as such by the President or Congress of the United States, the Governor or Legislature of the State of New York or the Mayor or Council of the City of New York.
(b) Additional period for mailing. In computing any times under this chapter, an additional three days shall be added if mail is used.
(d) Extensions. The period of time in which any act required by this chapter is to be performed, may be extended by the Director or thier designees for good cause, prior to the expiration of the original time period.
(Amended City Record 3/13/2024, eff. 4/12/2024)
(a) Adjudication by mail. The Director may denominate certain classes of alleged violations as appropriate for adjudication by mail and may prescribe procedures for such adjudication.
(b) Mail and telephone inquiries. The Director may prescribe procedures for the handling of mail and telephone inquiries by the public, the places or numbers to which such inquiries are to be made and the responses thereto.
If any provision of this chapter or the application of such provision to any person or circumstances shall be held unconstitutional or invalid, the constitutionality or validity of the remainder of this chapter and the applicability of such provision to other persons or circumstances shall not be affected thereby.
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