New York Codes, Rules and Regulations
Title 15 - Department of Motor Vehicles
Chapter I - REGULATIONS OF THE COMMISSIONER
Subchapter F - BUSINESSES REQUIRING LICENSES
Part 82 - Motor Vehicle Repair Shops
Section 82.15 - Appeals
Current through Register Vol. 46, No. 12, March 20, 2024
(a) An appeal from a decision of a hearing officer shall be made to the review board appointed pursuant to the act and section 82.16 of this Part. A suspension pending appearance at a hearing shall not be appealable.
(b) An appeal shall be accompanied by a nonrefundable $10 appeal filing fee. No appeal shall be deemed filed if the required fee has not been paid.
(c) An appeal must be filed on a form prescribed by the commissioner within 60 days after written notice of the determination being appealed from has been mailed to the aggrieved party. No appeal will be considered if it is not timely filed. Forms for processing an appeal may be obtained from the Division of Vehicle Safety.
(d)
(e) No personal appearances will be allowed.
(f) The submission of a written request to file an appeal shall stay the operation of the initial determination until after a review is had and a determination made by the commissioner. However, failure to timely submit such appeal and comply with the provisions of this subdivision shall remove the stay and reimpose the initial determination.
(g) Whenever the same facts give rise to a hearing, involving any other license or registration issued by the commissioner, a combined hearing may be held. If the registrant appeals only from a determination made with respect to his repair shop registration, he shall be entitled to review as provided in this Part; however, if he appeals from any determination or determinations made with respect to any other license or registration, as well as a determination with respect to his repair shop registration, the appeals procedure established in article 3-A of the Vehicle and Traffic Law shall be followed in lieu of the procedure established in this Part.