New York Vehicle and Traffic Code § 242

Administrative review
Open in Lexace · Ask the AI about this section
§ 242. Administrative review. 1. There shall be an appeals board\nwithin the parking violations bureau and within the traffic camera\nviolations bureau which shall consist of three or more hearing examiners\nbut in no event shall the hearing examiner from whose decision the\nappeal is taken be included in the panel determining said appeal.\n  2. An appeal from a determination of any hearing examiner after a\nhearing on a plea denying liability, or from a determination denying a\nmotion to reopen any matter shall be submitted to the applicable appeals\nboard, which shall have power to review the facts and the law, and shall\nhave power to reverse or modify any determination appealed from for\nerror of fact or law.\n  3. A party aggrieved by the final determination of a hearing examiner\nmay obtain a review thereof by serving, either personally in writing or\nby certified or registered mail, return receipt requested, upon the\napplicable bureau, within thirty days of the entry of such final\ndetermination, a notice of appeal setting forth the reasons why the\nfinal determination should be reversed or modified. Upon receipt of such\nnotice of appeal, the applicable bureau shall furnish to the appellant,\nat the appellant's request and at their own expense, a transcript of the\noriginal hearing. No appeal shall be conducted less than ten days after\nthe mailing of the transcript to the appellant or the appellant's\nattorney. When the questions presented by an appeal can be determined\nwithout an examination of all the pleadings and proceedings, the\nappellant may prepare and submit a statement showing how the questions\narose and were decided by the hearing examiner and setting forth only so\nmuch of the facts averred and proved or sought to be proved as are\nnecessary to a decision of the questions.\n  4. Appeals shall be conducted in the presence of the appellant or the\nappellant's attorney or both, if such right of appearance is expressly\nrequested by the appellant in the appellant's notice of appeal and upon\nthe appellant complying with the regulations of the applicable bureau.\nIf the appellant elects to appear, the applicable bureau within thirty\ndays after the receipt of the notice of appeal shall advise the\nappellant, either personally or by ordinary first class mail of the date\non which such appellant shall appear. No appeal shall be conducted less\nthan ten days after the mailing of such notification. The appellant\nshall be notified in writing of the decision of the applicable appeals\nboard.\n  5. The service of a notice of appeal shall not stay the enforcement of\na judgment upon the determination appealed from unless the appellant\nshall have posted a bond in the amount of such determination, at the\ntime of, or before the service of such notice of appeal unless the\nenforcement of such judgment shall have been stayed by the applicable\nappeals board.\n  6. When charges have been overturned by a court or any other\nadministrative body or officer, the party in whose favor the appeal is\ndecided shall be entitled to have returned an amount equal to any fine\nor penalty imposed and collected from the parking violations bureau or\nthe traffic camera violations bureau, as applicable, within thirty days\nof the entry of the judgement; provided, however, that such court,\nadministrative body or officer shall have the authority to lessen from\nsuch amount any debt owed by such party and shall apply this amount to\nany outstanding fines and penalties owed by the same individual. If\npayment is not made within thirty days, a penalty shall accrue at the\nsame rate as that imposed for failure to make timely payment of a fine\nand shall be paid by the parking violations bureau or the traffic camera\nviolations bureau, as applicable.\n

‹ Prev All New York sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.