NY Veh & Traf L § 228 (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 2 - Department of Motor Vehicles; Commissioner Article 2-A - Adjudication of Traffic Infractions 228 - Administrative Review.

§ 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 from.   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.