§ 1-13 Review by Tribunal Commissioners.
RCNY § 1-13
(a)(1) (i) Filing and serving of exception. Within 30 days of the giving of notice of the determination of an administrative law judge, or within 30 days of service of a copy of an exception taken by the other party, any party may take exception to such determination and seek review thereof by the tribunal commissioners, by filing an exception and 3 conformed copies with the president of the tribunal, either in person or by certified or registered mail addressed to the tribunal. A copy of the exception shall be served at the same time on the other party.
(ii)The president of the tribunal may extend the 30-day period for filing and serving an exception, provided an application for extension is filed with the president of the tribunal within such period and served on the other party, and if good cause is shown.
(b)Form of exception; briefs.
(1)The exception shall contain: (i) the particular findings of fact and conclusions of law with which the party disagrees; (ii) the grounds of the exception, with references, wherever possible, to the relevant pages of the transcript of hearing and exhibits; and (iii) alternative findings of fact and conclusions of law. A form of exception shall be available from the tribunal upon written request.
(2)A brief and 3 copies in support of the exception may be submitted at the time the exception is filed or within 45 days thereafter. The party taking exception shall serve a copy of the brief in support on the other party. Within 45 days of service of the brief in support, or, if no such brief is filed, within 45 days of the expiration of the time to file such brief in support, the other party may submit a brief and 3 copies in opposition and/or make cross-exceptions and shall serve a copy thereof on the party taking exception.
(c)Transmittal of record. Whenever an exception to an administrative law judge's determination is filed, the chief administrative law judge shall transmit to the president of the tribunal the record of the hearing before the administrative law judge.
(d)Oral argument.
(3)A commissioner who is not present at oral argument but who is otherwise authorized to participate in a decision may participate in rendering such decision.
(e)Adjournment; default.
(f)Decision.
(g)When the tribunal commissioners review a matter, there must be a majority of commissioners present and no fewer than two votes shall be necessary to take any action.
