2006 New York Code - 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.