Appeals
Administrative Appeals
Where the charge of violation has been sustained, the respondent may appeal, on the facts and/or the law, an adverse decision of an administrative law judge in whole or in part. The respondent may not appeal a decision rendered on default, the denial of a motion to stay or reopen a default or an adverse determination after admission of the violation charged.
An agency aggrieved by a final decision may appeal on the law, but only after notice to the respondent and a finding by the appeals panel that the issue upon which the agency seeks to appeal is significant and affects the agency’s legitimate enforcement functions.
The Notice of Appeal must be filed with the Bureau within 30 days of the entry of the final decision or within 35 days if the decision was mailed. However, for good cause shown, the chief administrative law judge may permit the filing of an appeal after the 30-day period has expired.
Except as provided herein, filing an appeal will not delay the collection of any monetary penalty or surcharge for administrative costs imposed by the decision from which the appeal is taken. An appeal by or on behalf of a respondent will not be permitted unless 1) the monetary penalty and surcharge for administrative costs imposed have been paid in full, or 2) a cash or recognized surety company bond is posted in the full amount of such penalty and surcharge, prior to or at the time of the filing of the appeal, or 3) the Bureau grants a waiver of prior payment due to financial hardship, or 4) the respondent is the holder of a current license or permit for the operation of a business issued by the Town of Babylon and thus exempt from the requirement that the penalty and surcharge be paid, or a bond posted, pending appeal.
An application to the Bureau for a waiver of prior payment due to financial hardship must be made before or at the time of the filing of the appeal and must be supported by evidence of financial hardship. The chief administrative law judge has the sole discretion to grant or deny a waiver due to financial hardship. An application for a waiver does not extend the time to appeal.
When an appeal is filed, the appeals panel will determine whether the facts contained in the findings of the administrative law judge are supported by substantial evidence in the record, and whether the determination of the administrative law judge, including the penalty imposed, is supported by law. The appeals panel has the power to affirm, reverse, remand or modify the decision appealed from.
The determination of the appeals panel shall be rendered within 90 days after the submission of all relevant papers to the panel, or if oral argument is permitted, within 90 days after such oral argument.
The determination of the appeals panel will be the final determination of the Bureau for the purposes of review pursuant to Article 78 of the CPLR.