N.Y. Comp. Codes R. & Regs. tit. 15 § 126.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 126.4 - Determinations

(a) The Appeals Board shall issue a determination in the form of a letter to the motorist within 60 days of the date an appeal is finally submitted. In the event the imposition of the suspension or revocation of a license or registration has been delayed by a hearing officer pursuant to section 124.6 of this Title, such delay will be extended at the office of the Appeals Board by issuance of a stay order until a determination of the appeal has been issued. If a determination has not been made within 30 days after an appeal has been finally submitted, a stay of any revocation or suspension will be issued by the Appeals Board pending a final determination. In the discretion of the Appeals Board, an order staying a revocation or suspension may be issued pending final determination of an appeal at any time in the interests of justice.

(b) Demand for determination. If the Appeals Board does not issue a determination within 60 days of the date an appeal is finally submitted, the appellant may serve a demand for determination. Such notices must be served via certified mail to the Appeals Board, at the address given in section 126.1(d) of this Part. Upon receipt of such demand, the board must issue its determination within 45 days, excluding the date of receipt, or the appeal shall be deemed granted. The chairman or the vice-chairman shall issue all necessary orders to give effect to such grant and shall so notify the appellant.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 126.4