New York Laws
Article 2-B - Adjudication of Parking Infractions
242 - Administrative Review.

§ 242. Administrative review. 1. There shall be an appeals board
within the bureau which shall consist of three or more hearing examiners
but in no event shall the hearing examiner from whose decision the
appeal is taken be included in the panel determining said appeal.

2. An appeal from a determination of any hearing examiner after a
hearing on a plea denying liability, or from a determination denying a
motion to reopen any matter shall be submitted to the appeals board,
which shall have power to review the facts and the law, and shall have
power to reverse or modify any determination appealed from for error of
fact or law.

3. A party aggrieved by the final determination of a hearing examiner
may obtain a review thereof by serving, either personally in writing or
by certified or registered mail, return receipt requested, upon the
bureau, within thirty days of the entry of such final determination, a
notice of appeal setting forth the reasons why the final determination
should be reversed or modified. Upon receipt of such notice of appeal,
the bureau shall furnish to the appellant, at his request and at his own
expense, a transcript of the original hearing. No appeal shall be
conducted less than ten days after the mailing of the transcript to the
appellant or his attorney. When the questions presented by an appeal can
be determined without an examination of all the pleadings and
proceedings, the appellant may prepare and submit a statement showing
how the questions arose and were decided by the hearing examiner and
setting forth only so much of the facts averred and proved or sought to
be proved as are necessary to a decision of the questions.

4. Appeals shall be conducted in the presence of the appellant or his
attorney or both, if such right of appearance is expressly requested by
the appellant in his notice of appeal and upon his complying with the
regulations of the bureau. If the appellant elects to appear, the bureau
within thirty days after the receipt of the notice of appeal shall
advise the appellant, either personally or by ordinary first class mail
of the date on which he shall appear. No appeal shall be conducted less
than ten days after the mailing of such notification. The appellant
shall be notified in writing of the decision of the appeals board.

5. The service of a notice of appeal shall not stay the enforcement of
a judgment upon the determination appealed from unless the appellant
shall have posted a bond in the amount of such determination, at the
time of, or before the service of such notice of appeal unless the
enforcement of such judgment shall have been stayed by the appeals
board.

6. When charges have been overturned by a court or any other
administrative body or officer, the party in whose favor the appeal is
decided shall be entitled to have returned an amount equal to any fine
or penalty imposed and collected from the parking violations bureau
within thirty days of the entry of the judgement; provided, however,
that such court, administrative body or officer shall have the authority
to lessen from such amount any debt owed by such party and shall apply
this amount to any outstanding fines and penalties owed by the same
individual. If payment is not made within thirty days, a penalty shall
accrue at the same rate as that imposed for failure to make timely
payment of a fine and shall be paid by the parking violations bureau.