NY Gen Mun L § 385 (2021)
2021 New York Laws GMU - General Municipal Article 14-BB - Bureaus of Administrative Adjudication 385 - Administrative Appeals Panel.

§  385.  Administrative  appeals  panel. a. There shall be one or more   administrative appeals  panels  within  the  bureau.  Each  panel  shall   consist  of  three  administrative  law  judges.  In  no event shall the   administrative  law  judge  from  whom  such  appeal  of   a   decision,   determination  or  order  is  taken be included in the panel determining   such appeal. Administrative law judges  serving  on  the  administrative   appeals  panel  shall not regularly conduct administrative hearings, but   shall serve primarily as administrative appeals panel members.b. A respondent may appeal, on the  facts  and/or  the  law,  a  final   decision,  final  determination or final order. An agency aggrieved by a   final decision, final determination or final order  may  appeal  on  the   law,  but  only  after  notice  to  the  respondent and a finding by the   appeals panel that the issue upon which the agency seeks  to  appeal  is   significant and affects the agency's legitimate enforcement functions.c.  Upon rendering a decision, making a final determination or issuing   a final order, the administrative law judge shall provide the non-agency   party with a form notice of appeal and shall explain to  such  party  on   the  record  (1) the method of filing the notice and the applicable time   limits; (2) the requirements of subdivision f of this section concerning   the payment of penalties and posting of bonds pending appeal,  including   the  right to request exemption therefrom; and (3) that no further court   challenge is permitted by law unless an administrative appeal is taken.d. Notice of appeal shall be  filed  with  the  appeals  panel  within   thirty days of the entry of such decision, determination or order. If no   such  notice  of  appeal  is  filed  within such thirty day period, such   decision, determination or order shall finally and irrevocably determine   all the issues in the proceeding before the administrative law judge.e. For good cause shown, the administrative appeals panel  may  permit   the filing of a notice of appeal after the thirty day period.f. The appeals panel shall have the power to review the record and the   findings  of  the  administrative  law  judge and may reverse, modify or   remand any such decision, determination or order appealed therefrom.g. Except as otherwise provided in this subdivision  no  appeal  of  a   decision, determination or order of an administrative law judge imposing   civil penalties shall be decided unless such civil penalties are paid or   a  cash  or recognized surety company bond shall have been posted in the   full amount of such civil penalties. No such payment or posting of  such   bond  shall  be required where the respondent is the holder of a current   license or permit for the operation of a business issued by an agency or   officer of such municipality. Upon a showing of undue hardship or  where   justice  may  require, the administrative law judge who decided the case   or appellate panel to which the appeal is assigned may  order  that  the   appeal  shall  be  decided  without requiring such payment or posting of   such bond.h. The director of the bureau shall  promulgate  rules  governing  the   practice  and  procedure  of appeals to the administrative appeals panel   pursuant to this section.i. The determination of the appeals panel  shall  be  rendered  within   ninety days after the submission of all relevant papers to the panel, or   if  oral  argument  is  permitted,  within  ninety  days after such oral   argument.j.  The  determination  of  the  appeals  panel  shall  be  the  final   determination  of  the  bureau  for  the  purposes of review pursuant to   article seventy-eight of the civil practice law and rules.k. Where the respondent prevails in any proceeding  pursuant  to  this   section, civil penalties paid to the municipality shall be returned with   interest  at  the rate set by the commissioner of finance of the city of    New York for the refund of overpayments of business  taxes  pursuant  to   section 11-537 of the administrative code of the city of New York.