Appeals FAQ
  1. What is an appeal?
  2. Can I get a new hearing if I appeal?
  3. How is an appeal decided?
  4. What will happen with my appeal?
  5. How do I file an appeal?
  6. What steps must I take for my Appeal Application to be accepted?
  7. When must I file an appeal?
  8. What if I cannot file an appeal within thirty (30) days of the mailing date on the Decision & Order?
  9. How do I prove that I sent something to the agency responsible for the ticket?
  10. What if I want to appeal but cannot pay the penalty now?
  11. My request for a waiver of penalty was granted but I am still receiving notices to pay from ECB. Why?
  12. How do I get a copy of the audio recording of the hearing?
  13. What are the reasons my appeal will not be considered?
  14. I received a copy of an appeal from the agency responsible for my ticket. What do I do?
  15. I received a copy of an answer from the agency responsible for my ticket. Can I respond to the answer?
  16. How long does it take for my appeal to be decided?
  17. I received an ECB appeal decision and I do not agree with the decision. What can I do?
  1. What is an appeal?
    If you think the judge got the facts or the law wrong, or left out something important from the hearing Decision and Order, you may choose to file an appeal. You are not allowed to appeal only because you do not want to pay the penalty.
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  3. Can I get a new hearing if I appeal?
    No, an appeal is not a new hearing. If you appeal, the Board will use the evidence and testimony already presented at the hearing in reaching a decision.

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  4. How is an appeal decided?
    The Board will review your appeal application, the notice of violation, the evidence and testimony presented at the hearing, the judge's Decision and Order, the law and decisions the Board made in other cases.
  5. There is a link on the ECB section of OATH's website called "ECB Decisions." That link will take you to a database where you can research ECB appeal decisions made in other cases.

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  6. What will happen with my appeal?
    The Board will issue a decision to "affirm" your hearing decision (keep the same result) or "reverse" it (change the result). Or, if there is something important in the case that was not decided at the hearing, ECB will "remand" the case (send it back to a judge for a new hearing).
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  8. How do I file an appeal?
    To file an appeal, you may complete and submit an Appeal Application form to ECB. The Appeal Application form is available on our website or at any ECB location. The Appeal Application form can be mailed, delivered in person, or submitted online. Please note that there are additional steps, further explained below, that are required before your Appeal Application can be accepted.
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  10. What steps must I take for my Appeal Application to be accepted?
    There are three steps that must be completed in order for ECB to accept your Appeal Application.
    1. Your Appeal Application form must be received by ECB within 30 days of the stamped mailing date on the Decision and Order. (See "When must I file an appeal" below.)

    2. You must also send the agency responsible for your ticket a copy of your Appeal Application form and prove to ECB that you sent it. (See "How do I prove that I sent something to the agency responsible for the ticket?" below.) On the back of your Decision and Order, look for the type of violation you were charged with. The agency responsible for your ticket will be listed right below it, along with an address. You must send a copy of your Appeal Application to that address.

    3. You must also pay the penalty amount stated in the Decision and Order, post a bond acceptable to ECB in the full amount, or receive a waiver due to financial hardship. (See "What if I want to appeal but cannot pay the penalty now?" below.)

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  12. When must I file an appeal?
    Appeals must be filed within thirty (30) days of the mailing date stamped on the Decision & Order. If you are sending your appeal request by mail, you must allow enough time for ECB to receive it.
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  14. What if I cannot file an appeal within thirty (30) days of the mailing date on the Decision & Order?
    You may make a request to ECB for additional time to appeal by using the Extensions & Hearing Recordings form, available on our website or at any ECB location. You must submit the request for extension to ECB within 30 days of the mailing date on the Decision & Order. You must also send a copy of the request for extension to the agency responsible for the ticket and include proof that you did that in the request that you send to ECB. (See "How do I prove that I sent something to the agency responsible for the ticket?" below.) And you MUST still pay the penalty, post a bond acceptable to ECB, or submit a request for a hardship waiver within 30 days of the mailing date on the Decision & Order.
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  16. How do I prove that I sent something to the agency responsible for the ticket?
    Proof that you sent the appeal, extension request, or answer to the agency is called "proof of service." There are four kinds of proof of service that ECB will accept:
    1. You can submit your appeal by e-mail to the agency responsible for the ticket at the same time you file your appeal with ECB if you make your submission using ECB's online appeal form. ECB accepts this electronic record as proof of service.

    2. If you mail a copy of the request to the agency and receive proof of mailing from the United States Postal Service or other mail delivery service, you may submit that.

    3. If you do not receive proof of mailing from the mail delivery service, ECB will accept a statement from you that you sent a copy to the agency. The statement must include when and how you sent the appeal or request, the address that you sent it to, and your declaration that the statement is "made under penalty of perjury."
    4. If you hand deliver a copy of your appeal or request to the agency, you may ask the agency to stamp "Received" on your own copy of it. ECB will accept that copy with the agency's "Received" stamp as proof of service.

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  18. What if I want to appeal but cannot pay the penalty now?
    If you are submitting your appeal by mail:

    If you cannot pre-pay the penalty because of financial hardship and you are sending your appeal by mail you may request a financial hardship waiver by completing the applicable section on the ECB Appeal Application form or Extensions & Hearing Recordings form. You must explain how paying the penalty before you appeal would be a financial hardship and attach proof of hardship. Usually that proof is the first two pages of your Federal tax return. If your request is granted, you will not need to pay the penalty while your appeal is being decided. If you lose your appeal, you will then have to pay the penalty.

    Please note that requesting a financial hardship waiver is not a guarantee that it will be granted. Therefore, you should make sure to submit your request early enough such that if it is denied, you will still have time to pay the penalty or post a bond within 30 days of the mailing date on the Decision & Order.

    If you are submitting your appeal online:

    If you cannot pre-pay the penalty because of financial hardship and you are submitting your appeal using the Online Appeal form, you can request a financial hardship waiver by completing and submitting the Financial Hardship Application online form in addition to submitting your Online Appeal or Online Extensions & Hearing Recordings form. You must explain how paying the penalty before you appeal would be a financial hardship and attach proof of hardship. Usually that proof is the first two pages of your Federal tax return. If your request is granted, you will not need to pay the penalty while your appeal is being decided. If you lose your appeal, you will then have to pay the penalty.

    Please note that requesting a financial hardship waiver is not a guarantee that it will be granted. Therefore, you should make sure to submit your request early enough such that if it is denied, you will still have time to pay the penalty or post a bond within 30 days of the mailing date on the Decision & Order.

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  20. My request for a waiver of penalty was granted but I am still receiving notices to pay from ECB. Why?
    You will continue to receive notices from ECB while your appeal is being decided, even if your request for a waiver of penalty was granted. You do not need to pay unless your appeal is denied.
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  22. How do I get a copy of the audio recording of the hearing?
    You can request the audio recording of your hearing by using the Extensions & Hearing Recordings form available on our website or at any ECB location. To request the hearing recording you MUST pay the penalty stated in the Decision & Order, post a bond in the full amount acceptable to ECB, or apply for a hardship waiver within 30 days of the mailing date on the Decision & Order. You must submit the request to ECB within 30 days of the mailing date on the Decision & Order. You must also send a copy of the request to the agency responsible for the ticket and include proof that you did in the request that you submit to ECB.
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  24. What are the reasons my appeal will not be considered?
    An appeal will not be considered if:
    1. Your Appeal Application form (or request for an extension or the audio recording) is received by ECB more than thirty (30) days from the mailing date on the Decision & Order; or

    2. You do not include proof that you sent the agency responsible for your ticket a copy of your Appeal Application form (or request for an extension or the audio recording); or

    3. You do not pay the penalty stated on the Decision and Order, do not post a bond, or do not receive a financial hardship waiver.

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  26. I received a copy of an appeal from the agency responsible for my ticket. What do I do?
    The agency responsible for the ticket has the right to appeal, just as you do. If you receive a copy of an appeal from the agency, you may submit an answer to ECB to respond to the agency's appeal. If you choose to submit an Answer, you must do so within 20 days of the mailing date of the agency's appeal. You must also send a copy of your Answer to the agency and send proof of service to ECB. (See "How do I prove that I sent something to the agency responsible for the ticket?" above.)
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  28. I received a copy of an answer from the agency responsible for my ticket. Can I respond to the answer?
    If you file an appeal, the agency responsible for your ticket is allowed to write back to ECB and tell us why the decision should not be changed. This is called an "answer" to the appeal. If the agency files an answer to your appeal, you will be sent a copy, but you are not permitted to file a response to the answer.
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  30. How long does it take for my appeal to be decided?
    ECB decides all appeals within 180 days from the date ECB receives the Appeal Application form.
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  32. I received an ECB appeal decision and I do not agree with the decision. What can I do?
    If you want to challenge an ECB Appeal Decision & Order, you may do so in New York State Supreme Court in a special proceeding under Article 78 of the New York Civil Practice Law and Rules. ECB does not control the procedure in the New York State Supreme Court. You should consult a lawyer or contact the Clerk of the Court in your county for more information.
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Resources
ECB Calendar
ECB Legal Resources
ECB Decisions

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