Legislation

§ 242. Administrative review. 1. There shall be an appeals board
within the parking violations bureau and within the traffic camera
violations bureau which shall consist of three or more hearing examiners
but in no event shall the hearing examiner from whose decision the
appeal is taken be included in the panel determining said appeal.

2. An appeal from a determination of any hearing examiner after a
hearing on a plea denying liability, or from a determination denying a
motion to reopen any matter shall be submitted to the applicable appeals
board, which shall have power to review the facts and the law, and shall
have power to reverse or modify any determination appealed from for
error of fact or law.

3. A party aggrieved by the final determination of a hearing examiner
may obtain a review thereof by serving, either personally in writing or
by certified or registered mail, return receipt requested, upon the
applicable bureau, within thirty days of the entry of such final
determination, a notice of appeal setting forth the reasons why the
final determination should be reversed or modified. Upon receipt of such
notice of appeal, the applicable bureau shall furnish to the appellant,
at the appellant's request and at their own expense, a transcript of the
original hearing. No appeal shall be conducted less than ten days after
the mailing of the transcript to the appellant or the appellant's
attorney. When the questions presented by an appeal can be determined
without an examination of all the pleadings and proceedings, the
appellant may prepare and submit a statement showing how the questions
arose and were decided by the hearing examiner and setting forth only so
much of the facts averred and proved or sought to be proved as are
necessary to a decision of the questions.

4. Appeals shall be conducted in the presence of the appellant or the
appellant's attorney or both, if such right of appearance is expressly
requested by the appellant in the appellant's notice of appeal and upon
the appellant complying with the regulations of the applicable bureau.
If the appellant elects to appear, the applicable bureau within thirty
days after the receipt of the notice of appeal shall advise the
appellant, either personally or by ordinary first class mail of the date
on which such appellant shall appear. No appeal shall be conducted less
than ten days after the mailing of such notification. The appellant
shall be notified in writing of the decision of the applicable appeals
board.

5. The service of a notice of appeal shall not stay the enforcement of
a judgment upon the determination appealed from unless the appellant
shall have posted a bond in the amount of such determination, at the
time of, or before the service of such notice of appeal unless the
enforcement of such judgment shall have been stayed by the applicable
appeals board.

6. When charges have been overturned by a court or any other
administrative body or officer, the party in whose favor the appeal is
decided shall be entitled to have returned an amount equal to any fine
or penalty imposed and collected from the parking violations bureau or
the traffic camera violations bureau, as applicable, within thirty days
of the entry of the judgement; provided, however, that such court,
administrative body or officer shall have the authority to lessen from
such amount any debt owed by such party and shall apply this amount to
any outstanding fines and penalties owed by the same individual. If
payment is not made within thirty days, a penalty shall accrue at the
same rate as that imposed for failure to make timely payment of a fine
and shall be paid by the parking violations bureau or the traffic camera
violations bureau, as applicable.