N.Y. GMU Law § 385 — New York Code / Act GMU / Article 14-BB / Section 385
Administrative appeals panel
Status: in_force

§ 385. Administrative appeals panel. a. There shall be one or more\nadministrative appeals panels within the bureau. Each panel shall\nconsist of three administrative law judges. In no event shall the\nadministrative law judge from whom such appeal of a decision,\ndetermination or order is taken be included in the panel determining\nsuch appeal. Administrative law judges serving on the administrative\nappeals panel shall not regularly conduct administrative hearings, but\nshall serve primarily as administrative appeals panel members.\n  b. A respondent may appeal, on the facts and/or the law, a final\ndecision, final determination or final order. An agency aggrieved by a\nfinal decision, final determination or final order may appeal on the\nlaw, but only after notice to the respondent and a finding by the\nappeals panel that the issue upon which the agency seeks to appeal is\nsignificant and affects the agency's legitimate enforcement functions.\n  c. Upon rendering a decision, making a final determination or issuing\na final order, the administrative law judge shall provide the non-agency\nparty with a form notice of appeal and shall explain to such party on\nthe record (1) the method of filing the notice and the applicable time\nlimits; (2) the requirements of subdivision f of this section concerning\nthe payment of penalties and posting of bonds pending appeal, including\nthe right to request exemption therefrom; and (3) that no further court\nchallenge is permitted by law unless an administrative appeal is taken.\n  d. Notice of appeal shall be filed with the appeals panel within\nthirty days of the entry of such decision, determination or order. If no\nsuch notice of appeal is filed within such thirty day period, such\ndecision, determination or order shall finally and irrevocably determine\nall the issues in the proceeding before the administrative law judge.\n  e. For good cause shown, the administrative appeals panel may permit\nthe filing of a notice of appeal after the thirty day period.\n  f. The appeals panel shall have the power to review the record and the\nfindings of the administrative law judge and may reverse, modify or\nremand any such decision, determination or order appealed therefrom.\n  g. Except as otherwise provided in this subdivision no appeal of a\ndecision, determination or order of an administrative law judge imposing\ncivil penalties shall be decided unless such civil penalties are paid or\na cash or recognized surety company bond shall have been posted in the\nfull amount of such civil penalties. No such payment or posting of such\nbond shall be required where the respondent is the holder of a current\nlicense or permit for the operation of a business issued by an agency or\nofficer of such municipality. Upon a showing of undue hardship or where\njustice may require, the administrative law judge who decided the case\nor appellate panel to which the appeal is assigned may order that the\nappeal shall be decided without requiring such payment or posting of\nsuch bond.\n  h. The director of the bureau shall promulgate rules governing the\npractice and procedure of appeals to the administrative appeals panel\npursuant to this section.\n  i. The determination of the appeals panel shall be rendered within\nninety days after the submission of all relevant papers to the panel, or\nif oral argument is permitted, within ninety days after such oral\nargument.\n  j. The determination of the appeals panel shall be the final\ndetermination of the bureau for the purposes of review pursuant to\narticle seventy-eight of the civil practice law and rules.\n  k. Where the respondent prevails in any proceeding pursuant to this\nsection, civil penalties paid to the municipality shall be returned with\ninterest at the rate set by the commissioner of finance of the city of\nNew York for the refund of overpayments of business taxes pursuant to\nsection 11-537 of the administrative code of the city of New York.\n