§ 39-12 Appeals.
RCNY § 39-12
(a)Appeals Board – powers.
(1)There shall be an Appeals Board within the Bureau which will consist of three or more persons duly qualified as Administrative Law Judges, Senior Administrative Law Judges, or Supervising Administrative Law Judges, as the Director shall determine, but in no event shall the Administrative Law Judge from whose decision the appeal is taken be included in the panel determining said appeal.
(2)The Appeals Board may review the facts and the law in any matter and, except in the interests of justice and upon consent of the respondent, shall not consider any evidence which was not presented to the administrative law judge. A concurring vote by two members of the Appeals Board panel will be required to make a determination on an appeal.
(3)Appeals shall be from final determinations or from decisions denying applications to open defaults, or from decisions to vacate dismissals, only. No intermediate appeals shall be allowed, but all claimed errors shall be deemed to be incorporated in the decision appealed from.
(b)(1) A respondent aggrieved by the decision of an administrative law judge upon a plea of denying liability, may obtain a review thereof by serving upon the Bureau, within thirty days of the entry of such decision, a notice of appeal setting forth the reason why the decision should be reversed or modified. The notice of appeal shall be in such form and filed at such place as may be prescribed by the Director. No appeal may be had from a plea of guilty, which has been entered at the hearing.
(c)Briefs.
(d)Hearing of appeals.
(e)Determinations.
(f)Finality. The determination of the Appeals Board shall be the final determination of the Bureau.
(g)Abandonment of appeals.
