§ 5-04 Appeals
RCNY § 5-04
(a)If a Hearing Officer issues a decision imposing a reduced penalty pursuant to 48 RCNY § 5-06(c), the party seeking to appeal the Hearing Officer's underlying decision must file an appeal with the Tribunal within fifty (50) days of the date of the decision.
(b)Pursuant to Administrative Code § 19-506.1(c), a Respondent will not be required to pay the fines, penalties, or restitution imposed in the decision in order to file a timely appeal.
(c)Expedited appeals. Either party may appeal a decision pursuant to 48 RCNY § 6-19. Where the appeal involves the suspension or revocation of a TLC-issued license, the Appeals Unit will issue an expedited decision.
(d)A party responding to a request for appeal where the appeal involves the suspension or revocation of a TLC-issued license must file the response with the Tribunal within seven (7) days after being served with the appeal. The responding party must also serve a copy of the response on the appealing party, and file proof of such service with the Tribunal.
(e)Requests for hearing recording. Pursuant to Administrative Code § 19-506.1(d), if a Respondent appealing a decision requests in writing a copy of the hearing recording, the recording will be produced to the Respondent within thirty (30) days after receipt of the request. If the recording cannot be produced within the thirty (30) day period, the determination being appealed will be dismissed without prejudice.
(g)Finality. A decision of the Appeals Unit becomes the final determination in the case, unless either party petitions the TLC Chairperson in accordance with § 35 RCNY 68-12(c). (Added City Record 7/8/2016, eff. 8/7/2016; amended City Record 12/5/2018, eff. 1/4/2019; amended City Record 6/19/2019, eff. 7/19/2019)
