You have the right to file an appeal if you disagree with the decision of the Hearing Officer.
An appeal is not a new hearing. Appeals are used to determine whether the Hearing Officer’s decision was correct based on the evidence presented at your hearing.
How to appeal a hearing decision
To file an appeal, fill out a Notice of Appeal and mail, email, or bring the form in person to TAB. The Notice of Appeal must be received by TAB within 30 days of the date on your Notice of Decision and Order. On the Notice of Appeal form, explain why you believe the decision is incorrect. Unless you are applying for a Financial Hardship Waiver, the full amount of the fine in the decision must be paid prior to submitting your Notice of Appeal.
An Appeals Board of three Hearing Officers will make a decision on your appeal, based on the record from your hearing and your Notice of Appeal. You have the right to appear in person for your appeal, but no new testimony or evidence will be considered.
If your appeal is successful, the amount that was paid will be refunded. A check will be mailed to you at the address on file with TAB.
Apply for a waiver to appeal without paying your fine in advance
You may apply for a Financial Hardship Waiver in order to file an appeal without paying your fine in advance.
To apply, submit the Financial Hardship Waiver application along with your Notice of Appeal. You must submit proof of financial hardship along with the form.
Even if this application is granted, your fine will still accrue penalties and interest, and you will be responsible for payment of those penalties and interest, along with the fine, if your Notice of Violation is not dismissed.
Request hearing records to use in your appeal
You can request a copy of the recording of your in-person hearing when you submit your appeal. All in-person hearings are recorded.
- Audio recording: For an audio copy, include a $5 payment for each recording when you submit your Notice of Appeal.
- Written transcript: For a written transcript, include a $125 deposit with your Notice of Appeal. If the transcript ends up costing less than $125, we’ll refund the difference. If it costs more, you’ll need to pay the rest before we can complete your request.
The decision will be mailed to you within approximately 90 days.
Challenging appeal decisions
You have the right to challenge a decision issued by the Appeals Board by filing a special proceeding under Article 78 of the New York Civil Practice Law and Rules in New York State Supreme Court. You are eligible to file an appeal in the Supreme Court only after you have appealed to and received a decision from the TAB Appeals Board.