15 CRR-NY 155.3NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 15. DEPARTMENT OF MOTOR VEHICLES
CHAPTER I. REGULATIONS OF THE COMMISSIONER
SUBCHAPTER K. ADMINISTRATIVE APPEALS
PART 155. APPEALS AND JUDICIAL REVIEW—OTHER THAN ADMINISTRATIVE ADJUDICATION
15 CRR-NY 155.3
15 CRR-NY 155.3
155.3 Hearing transcripts.
(a) If the determination being appealed was based upon a DMV hearing, the appeals board shall not review the hearing transcript unless the appellant requests review of the transcript on the appeal form and pays for the transcript in a timely manner.
(b) If a transcript has been properly ordered prior to filing an appeal, the appellant must notify the appeals board upon filing an appeal that such transcript has been ordered and include the date the transcript was ordered and received.
(c) Transcripts can only be obtained from the firm which holds the contract to produce transcripts of department hearings. 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.
(d) A transcript will be considered to have been submitted in timely fashion if proof that the transcript has been paid for not later than 30 days after the board has mailed an acknowledgement of receipt of the appeal with instructions for ordering the transcript is submitted to the appeals board. Proof that the transcript has been ordered and paid for shall consist of acknowledgment of receipt of timely transcript payments by the transcription firm.
(e) If a request for review of the transcript is made, and the transcript is not submitted in timely fashion in accordance with subdivision (d) of this section, the appeal will be deemed untimely and will not be considered.
15 CRR-NY 155.3
Current through March 31, 2021
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