Legislation
SECTION 261
Right of appeal; time limitations; appeal procedures; fees
Vehicle & Traffic (VAT) CHAPTER 71, TITLE 2, ARTICLE 3-A
§ 261. Right of appeal; time limitations; appeal procedures; fees. 1.
Right of appeal. Whenever a license, certificate, permit or any
privilege is denied, suspended or revoked by the commissioner pursuant
to this chapter, except where such action is based upon a conviction as
a result of which such action is required by statute or is based upon a
determination rendered under the provisions of article two-A of the
vehicle and traffic law, the holder thereof may appeal such
determination pursuant to the provisions of this article and such
regulations as may be promulgated by the commissioner. In addition,
following an adjudicatory proceeding conducted pursuant to section four
hundred seventy-one-a of this chapter, an aggrieved party may appeal the
commissioner's decision pursuant to the provisions of this article and
such regulations as may be promulgated by the commissioner.
Notwithstanding the provisions of this subdivision, appeals from
determinations made pursuant to article twelve-A of this chapter shall
be governed in accordance with the provisions of that article.
2. Time limitations. No appeal shall be reviewed if it is filed more
than sixty days after written notice was given of the determination
appealed from.
3. Appeal procedures. Any person desiring to file an appeal pursuant
to this article shall do so in a form and manner provided by the
commissioner. If a hearing was held prior to such determination, the
transcript of the hearing will only be reviewed if it is submitted by
the appellant. An appeal shall not be deemed to be finally submitted
until the appellant has submitted all forms or documents required to be
submitted by the commissioner or this article, including the transcript
when such is requested to be reviewed; provided, however, such appeal
shall be deemed to have been finally submitted if the appeal is filed
and the transcript is ordered prior to the expiration of the time
limitations imposed by subdivision two of this section.
4. Fees. The fee for filing an appeal shall be ten dollars. No appeal
shall be deemed filed unless any required fee has been paid.
Right of appeal. Whenever a license, certificate, permit or any
privilege is denied, suspended or revoked by the commissioner pursuant
to this chapter, except where such action is based upon a conviction as
a result of which such action is required by statute or is based upon a
determination rendered under the provisions of article two-A of the
vehicle and traffic law, the holder thereof may appeal such
determination pursuant to the provisions of this article and such
regulations as may be promulgated by the commissioner. In addition,
following an adjudicatory proceeding conducted pursuant to section four
hundred seventy-one-a of this chapter, an aggrieved party may appeal the
commissioner's decision pursuant to the provisions of this article and
such regulations as may be promulgated by the commissioner.
Notwithstanding the provisions of this subdivision, appeals from
determinations made pursuant to article twelve-A of this chapter shall
be governed in accordance with the provisions of that article.
2. Time limitations. No appeal shall be reviewed if it is filed more
than sixty days after written notice was given of the determination
appealed from.
3. Appeal procedures. Any person desiring to file an appeal pursuant
to this article shall do so in a form and manner provided by the
commissioner. If a hearing was held prior to such determination, the
transcript of the hearing will only be reviewed if it is submitted by
the appellant. An appeal shall not be deemed to be finally submitted
until the appellant has submitted all forms or documents required to be
submitted by the commissioner or this article, including the transcript
when such is requested to be reviewed; provided, however, such appeal
shall be deemed to have been finally submitted if the appeal is filed
and the transcript is ordered prior to the expiration of the time
limitations imposed by subdivision two of this section.
4. Fees. The fee for filing an appeal shall be ten dollars. No appeal
shall be deemed filed unless any required fee has been paid.