DMV Appeals

The DMV Appeals Board hears appeals from many different types of department determinations. Specific information on the types of appeals we accept and how to file is listed below. DMV appeals are on papers only, meaning that staff attorneys will make recommendations and the Board will make determinations based on a review of documents relevant to your appeal. These documents will include those submitted by the DMV Business Unit that made the decision being appealed, as well as documents submitted by the appellant – including the appeal form, hearing transcript, and any written arguments the appellant and/or their attorney submits. The Board cannot consider evidence not presented at the hearing. Appellants do not appear in person to argue before the Board. 

Once an appeal is accepted, an appellant has 30 DAYS to order a hearing transcript, where applicable. The deposit amount required to order a transcript varies by type of appeal, but the process is the same for all appeals. The appellant will contact DMV’s transcription vendor to order the transcript and pay the deposit. In many cases, the deposit will cover the entire fee, and the transcript will be generated and sent to the Appellant and Appeals Board in due course. In some cases, however, the hearing is longer than average and a second deposit is required. When this occurs, the transcription vendor will contact the appellant to notify them that a second deposit is due. If the second deposit is paid timely, the transcription vendor generates the transcript and transmits it to the appellant and Appeals Board. If any portion of the second deposit is unused, it will be refunded to the appellant. The initial deposit is non-refundable.

Appellants have 30 days from the date their transcript is transmitted to submit final arguments to the Appeals Board. Once final arguments are submitted, or – if the appellant submits none, after the 30-day period has lapsed – staff attorneys will review the entire appeal file and make a recommendation to the Board. The Board meets periodically to review appeals and recommendations, then makes a final determination. The decision is then mailed to appellants at the address on file with DMV by Appeals Board staff.

PLEASE NOTE: Because DMV Appeals are conducted by mail, it is important that the Appeals Board has your current, correct mailing address. If your address changes while your appeal is in process, it is your responsibility to notify the Appeals Board and to update your address with us as soon as possible (see contact information below).

*The $10 filing fee is required for all appeals and is not waivable. Appeals submitted without the filing fee will be rejected.

**Please note: NYS Vehicle and Traffic Law mandates that appellants must order and pay for a transcript of their hearing to be produced if they want it to be considered by the Board. If an appellant fails to order a transcript or fails to make timely payment, no transcript will be available for review. Without a transcript, in many cases the Board can review an appeal for the appropriateness of the penalty only.