§ 68-11 Appeal of Chairperson's Final Decision.
RCNY § 68-11
(a)The only Chairperson's Final Decision that can be appealed to the Commissioners is a Final Decision that imposes Discretionary Revocation (see 35 RCNY § 68-13).
(b)The Chairperson's Final Decision to impose Discretionary Revocation can be appealed to the Commissioners as follows: 1. The Respondent must file a written appeal with the Deputy Commissioner for Legal Affairs/General Counsel within 30 calendar days from the date of the Chairperson's final decision.
2.The filing must describe the basis for the appeal and must include all supporting statements and arguments.
3.The Chairperson can prescribe the form for the conduct and filing of these appeals.
4.A review of the Chairperson's decision by the Commissioners must be limited to the issues of law raised in the appeal submitted and whether the decision of the Chairperson and the Recommended Decision of the OATH ALJ are supported by substantial evidence. The Commissioners cannot review findings of fact or determinations of credibility by an OATH ALJ.
5.The Commission may submit a written response to any appeal filed by the Respondent.
6.The Respondent must be given the opportunity to respond in writing to the Commission's written submission.
7.The Commissioners must each receive a copy of the OATH ALJ's Recommended Decision, the Chairperson's Final Decision, the Respondent's appeal, and any responses filed by the Commission or the Respondent.
8.The Commission must affirm, reject, modify, or remand the Chairperson's Final Decision. (A) A minimum of 5 votes is required to reject, modify, or remand the Final Decision. (B) If there are fewer than 5 votes to reject, modify, or remand the Final Decision, the decision is affirmed. (C) The Chairperson cannot vote on these appeals.
9.The Commission must communicate at a public meeting the results of the vote and the action taken.
