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 126.1 - Appeals board

Universal Citation: 15 NY Comp Codes Rules and Regs ยง 126.1

Current through Register Vol. 46, No. 12, March 20, 2024

(a) A Motor Vehicle Appeals Board consisting of attorneys and counselors at law is hereby established, under the supervision of the commissioner, to consider and determine appeals filed pursuant to article 2-A of the Vehicle and Traffic Law. Each such appeal shall be considered by members of the board sitting as a panel. Each panel shall consist of three members designated as hereinafter provided. Hearing officers may be designated as members of each panel. At least two votes shall be required to take final action on each appeal. (Appeals filed pursuant to article 3-A of the Vehicle and Traffic Law shall be reviewed in accordance with the regulations prescribed in Part 155 of this Title.)

(b) Any post-hearing application in the Traffic Violations Bureau, such as normally would be made to a trial court in a judicial proceeding, must be processed as an appeal. Applications and rulings made prior to the hearing date may be considered for appeal only if they are noted upon the record made when the subject case is called and actually heard by a hearing officer.

(c) General direction and supervision of the Appeals Board shall be exercised by the chairman of the Motor Vehicle Appeals Board, who shall designate the individual members and presiding officers of the various panels and shall be the presiding officer of any panel of which he is a member. The vice-chairman of the Motor Vehicle Appeals Board shall assist the chairman in the general direction and supervision of the Appeals Board, perform the functions of the chairman in the absence of the chairman and, unless the chairman shall also be a member of the panel, shall be the presiding officer of any panel of which he is a member.

(d) Members of the public, attorneys and interested parties may obtain information or make submissions or requests concerning appeals by writing to: Information may be obtained by telephone at (518) 474-1052.

Appeals Board

Department of Motor Vehicles

P. O. Box 2935

Albany, NY 12220-0935

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