N.Y. Comp. Codes R. & Regs. tit. 15 § 155.4

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

Section 155.4 - Submission of transcript on appeal

(a) Transcripts can only be obtained from the agency which holds the contract for the transcription of hearings held by the Motor Vehicle Department. The cost of such transcript, which is payable by the appellant, shall be the price for such transcripts as contained in the contract between the department and the independent contractor.

(b) A transcript will be considered to have been submitted in timely fashion if it is physically submitted to the appeals board, or if proof that the transcript has been ordered is submitted to the appeals board not later than 60 days from the date after written notice was given of the determination appealed from or 30 days after the board has mailed an acknowledgment of receipt of the appeal with instructions for ordering the transcript, whichever is later, excluding the date of determination. Proof that the transcript has been ordered shall consist of acknowledgment of receipt of such order by the contractor. Forms for ordering transcripts may be obtained from the administrative appeals board, any district office of the department, any traffic violations bureau or from any motor vehicle hearing officer.

(c) If a request for review of the transcript is made, and the transcript is not submitted in timely fashion in accordance with subdivision (b) of this section, the appeal will be deemed untimely and will not be considered. However, upon written notice made within 45 days from the date after written notice is given of the determination appealed from, excluding the date of the determination, a request for review with a transcript can be amended to a request for review without a transcript.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 155.4

Amended, New York State Register March 19, 2014/Volume XXXVI, Issue 11, eff. 3/19/2014