New York Codes, Rules and Regulations › Title 15 - Department of Motor Vehicles › Chapter I - REGULATIONS OF THE COMMISSIONER › Subchapter I - Administrative Adjudication Of Traffic Violations › Part 126 - Appeals And Judicial Review › Section 126.2 - Fees, transcripts, procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Appeals fee. A fee of $10, which shall
				  not be refundable, must be paid at the time an appeal is filed.
(b) Dismissal of appeal. Upon the failure to
				  pay the $10 appeal fee or dishonor of any instrument offered to make such
				  payment, the appeal shall be dismissed.
(c) Filing of transcript. A transcript will
				  be considered to have been filed in a timely fashion if proof is submitted that
				  the transcript has been ordered by the appellant and that the payment for same
				  has been made by the appellant to the firm which transcribes such hearing
				  pursuant to contract between it and the Department of Motor Vehicles. Proof
				  that the transcript has been ordered shall consist of a receipt or
				  acknowledgment of the placement of the order by the contractor. Upon receipt of
				  the order, the contractor shall advise the appellant of the required deposit or
				  the cost of obtaining the transcript. Payment for the completed transcript
				  shall be made by the appellant within 15 days after receipt of the billing. In
				  the event the transcript is not fully paid for within the 15-day period, the
				  transcript will be deemed not filed in a timely fashion, the review of the
				  determination requested will be denied and appellant will be deemed to be
				  appealing the penalty only. However, where an appeal is initially taken of
				  penalty only, the appellant thereafter and not later than 45 days after the
				  date of determination may elect to request a full review of the determination
				  and order a transcript of the hearing.
(d) Transcript cost. The cost of such
				  transcript which is payable by the appellant to the contractor shall be the
				  amount as contained in the contract between the department and the independent
				  contractor.
(e) Submission of
				  appeals. An appeal must be filed, on the form prescribed for such purposes, not
				  later than 30 days following the date of the determination, or of the
				  acceptance of a plea of guilty, as the case may be, excluding the date of such
				  action. An appeal shall be considered fully filed and submitted for
				  consideration by the board upon the conclusion of the following: the filing of
				  the notice of appeal, the filing of a completed transcript and the filing of
				  any further arguments by the appellant in support of his appeal.
(f) Presumption of mailing and delivery. All
				  necessary notices may be mailed from the Appeals Board via first class mail to
				  appellant's address as shown on his appeals form, or--if notice of change of
				  address be delivered via certified mail to the Appeals Board, at the address
				  given in section
				  126.1  of
				  this Part-- to the address specified in such notice. Mailing via first class
				  mail in the regular course of business shall be presumed to have occurred on
				  the date shown in the records of the Appeals Board as the date of any notice,
				  bill or other correspondence addressed to appellant or his representative. All
				  such mail and all notices contained therein shall be deemed delivered on the
				  fourth day following the date of such notice, bill or other
				  correspondence.
(g) Arguments and
				  materials. Oral argument of the appeal is not permitted. Evidence, exhibits or
				  documents not submitted to and considered by the hearing officer may not be
				  filed with the appeal and will not be reviewed by the Appeals Board. A brief or
				  written argument in support of the appeal may be submitted and must be filed
				  with the Appeals Board within 15 days after the filing of the transcript. At
				  such time, the appeal will be considered fully submitted and ready for
				  consideration by the Appeals Board (sections 126.2[e] and
				  126.4 
				  of this Part). Upon written request and for good cause shown, the chairman or
				  the vice-chairman of the Appeals Board may grant an extension of time in
				  writing to the appellant for submission of additional arguments in support of
				  the appeal. In the event that an extension is granted to submit such argument,
				  the time for determination of the appeal shall automatically be extended
				  (section
				  126.4) 
				  by a like period.
(h) Proof of
				  mailing and payment. All papers submitted by properly addressed mail and
				  actually received at the office of the board will be treated as timely if the
				  wrapper bears a legible postmark evidencing receipt by the post office within
				  the time limited. All mail received by the board will be datestamped and, in
				  the absence of legible postmark or other U.S. postal record, will be treated
				  according to the actual date of receipt demonstrated by the records of the
				  board. Proof of payment of required fees and costs may be made only by actual
				  receipts issued by the board or by production of negotiable instruments
				  actually presented and collected by the board.