N.Y. Comp. Codes R. & Regs. Tit. 13 § 97.19 - Administrative appeal from the decision or order

(a) Within 30 calendar days of receipt, any of the parties may appeal from the decision or order revoking, suspending or denying any registration or exemption, or issuing a cease and desist order or assessing a civil penalty, by filing with the individual designated by the Attorney General to hear administrative appeals, and serving on the other party or parties, a written memorandum stating the appellant's arguments.

(b) The memorandum should identify the part or parts of the decision to which the appellant is objecting, state the grounds for the objection and identify the portions of the record supporting the objection.

(c) The party served with the appeal may file and serve a memorandum in opposition and a cross-appeal within 30 days after service of the appeal. A response to a cross-appeal may be filed and served within 15 days after service of the cross-appeal.

(d) The record on appeal shall consist of the transcript of the hearing, the evidence admitted at the hearing and the memoranda.

(e) The individual designated by the Attorney General to hear and decide administrative appeals may make a final written determination:

(1) confirming the decision;

(2) vacating the decision with an explanation of the basis for vacating the decision; or

(3) sending the matter back to the hearing officer for further proceedings.

Notes

N.Y. Comp. Codes R. & Regs. Tit. 13 § 97.19