2023 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.