Appeal Frequently Asked Questions

Deciding Whether to Appeal

What is the difference between an appeal and a hearing?

An appeal is not a new hearing. An appeal is a request for review of the hearing decision because you believe that a mistake was made that would change the result. You will not appear in person for the appeal. You will only submit an Appeal Application. You do not have the right to submit new evidence or make new assertions of fact that were not already presented to the Judicial Hearing Officer.

What are the reasons for appealing a hearing decision?

Appeal if you disagree with the hearing decision and can show that:

1. facts or a legal argument that would change the result were overlooked or misunderstood in the hearing decision
2. there was a mistake in the way the law was applied that led to an incorrect result
3. the hearing was conducted in a way that prevented you from presenting evidence or an explanation that would have made a difference in the outcome.

If you are only unhappy that you have to pay the penalty but cannot point out a mistake that affected the result, that is not a good cause for an appeal. It will not change the result or the penalty amount.

How can I tell if the law was applied correctly in my hearing decision?

You can research appeal decisions that involve the same or similar laws charged in the summons that was issued to you. 

Can I supplement my appeal?

No. You are only allowed one submission. OATH will not consider anything additional.

How to Appeal

How do I file an appeal?

To file an appeal you must complete and submit an appeal request. There is an online Appeal Application form that you can use, as well as a printable mail-in Appeal Application on the Forms page of this website that you can use. The mail-in form is also available at any OATH Hearings Division office.

The Appeal Application can be submitted online or mailed. The address for mailing appeals of hearing decisions to OATH is on the form. You can also submit the Appeal Application in person by bringing it to any OATH Hearings Division office.

What is the deadline for filing an appeal?

Your appeal must be received within 30 days of the date of the decision, or 35 days of the date of the decision if it was mailed to you.  You can find the date of the decision next to the judicial hearing officer’s signature on the last page of the decision. 

Does anyone else have to receive my appeal?

Yes. You must have sent or delivered a copy of your appeal to the agency responsible for the summons and you must show OATH proof that you did.  OATH will not accept your appeal if it does not have this proof.  The agency addresses are on the back of your hearing decision. If you use the online Appeal Application form to submit your appeal to OATH, it will automatically be sent to the agency as well, and no further proof is necessary.

Penalty Payment and Appeals

Do I have to pay the penalty before I appeal?

Yes, payment is required before you appeal except for violations of certain laws or regulations or if you have a waiver (see below).  Payment is not required if the summons is for a violation of a law or regulation enforced by the Taxi & Limousine Commission or if the summons is for a violation of a law or regulation that falls under the Criminal Justice Reform Act.  If the summons is for a violation of a law or regulation that falls under the Criminal Justice Reform Act, the hearing decision will specifically state that you are eligible for performing community service instead of paying a penalty.

I cannot afford to pay the fines or penalties before filing for an appeal. What can I do?

If paying the penalty before you appeal the hearing decision in your case would create a financial hardship for you while you wait for the appeal decision, you can apply for a waiver of the payment requirement by submitting the Financial Hardship Application form at the same time you submit your appeal request.  The application must be supported by evidence of financial hardship so you must attach documentation to establish the hardship, such as recent tax returns or proof of receiving government assistance. The Financial Hardship Application form is available at this website.  Waivers are granted at the discretion of the OATH Chief Administrative Law Judge. If a waiver is granted, you will not have to pay the penalty until your appeal is decided. More information about payment and financial hardship waivers is included in the instructions on the Appeal Application form at this website.

Extensions and Hearing Recordings

Can I receive an extension of time to file an appeal or respond?

Yes, a first request for an extension of time filed with thirty days of the date of the hearing decision (or thirty-five days of the date of the hearing decision if the hearing decision was mailed to you) will be granted automatically. All other requests will only be granted on good cause shown. You can use the online Appeal Application form to request the extension.  You can also use the printable mail-in Request for Appeal Extension and Hearing Recording form available at this website. If you are required to pay the penalty before you can file an appeal, requesting an extension does not give you more time to pay.  You must pay or submit an acceptable Financial Hardship Application form in order for the extension to be granted.

How do I request a recording of the hearing?

If you want a copy of the recording of your hearing in order to prepare your appeal, see the Request for Appeal Extensions and Hearing Recording form.

Responding to an Agency Appeal

What can I do if the hearing resulted in a dismissal and then the agency responsible for the summons appeals?

The same rules for appealing hearing decisions apply to agencies. If the agency appeals your hearing decision, it has to send you a copy of the appeal that it submits to OATH, and you may respond to the agency's appeal. OATH must receive your response within 30 days of the date you receive the agency's appeal, or within 35 days of the mailing date if the appeal was mailed to you. You can use the online Appeal Application form to file your response. Alternatively, you can use the printable mail-in Response to Appeal Filed by Enforcement Agency form available on the Forms page of this website. Your response must include proof that you have sent a copy of it to the agency.

If you are responding to an appeal, the same rules as with an appeal apply to your requesting an extension or a recording of the hearing.

Please note that in instances where an appeal is being denied, a decision may be issued prior to the time for filing a response having passed.

Is any submission after a response allowed?

After a response is submitted, neither you nor the agency is allowed to submit anything else.  It will not be considered.

I Have Submitted my Appeal. What Happens Now?

How long do I have to wait for a decision?

The party opposing an appeal has 30 days to respond. OATH will issue a written decision within 180 days of the date the appeal was filed.