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 the hearing officer did not have the opportunity to consider.
Appeal if you disagree with the hearing decision and can show that:
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.
You can research appeal decisions that involved the same law that was charged in the summons.
No. You are only allowed one submission. OATH will not consider anything additional.
To file an appeal you must complete and submit an appeal request. There is an Appeal Application form available on the Forms page of this website that you may use. It is also available at any OATH Hearings Division office.
The Appeal Application can be mailed or submitted online. 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.
Your appeal must be received within 30 days of the date of the decision, or 35 days if the decision was mailed to you.
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.
Yes, in most cases you are required to pay the penalty before you appeal. Payment is not required if the summons is for a violation of a law or regulation enforced by the Taxi & Limousine Commission.
You can apply for a waiver of payment of the penalty before or at the time you file your Appeal Application. The Financial Hardship Application form is available at this website. The application must be supported by evidence of financial hardship. 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. Payment of restitution cannot be waived. More information about payment and financial hardship waivers is included in the instructions on the Appeal Application form at this website.
Yes, a first request for an extension of time filed with thirty days of the date of the hearing decision (or thirty-five days if the hearing decision was mailed to you) will be granted automatically. All other requests will only be granted on good cause shown. See the 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.
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.
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 may use the Response to Appeal Filed by Enforcement Agency form. 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.
After a response is submitted, neither you nor the agency is allowed to submit anything else. It will not be considered.
The party opposing an appeal has 30 days to respond. After that time OATH will promptly issue a written decision.