Laws of New York (Last Updated: November 21, 2014) |
TRA Transportation |
Article 3. JURISDICTION OF COMMISSIONER; PROCEEDINGS BEFORE COMMISSIONER; RECOVERY OF PENALTIES; COURT PREFERENCES; FEES |
Section 89. Rehearing before commissioner
Latest version.
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After an order has been made by the commissioner any corporation or person interested therein shall have the right to apply for a rehearing in respect to any matter determined therein, but any such application must be made within thirty days after the service of such order, unless the commissioner for good cause shown shall otherwise direct; and the commissioner shall grant and hold such a rehearing if in his judgment sufficient reason therefor be made to appear. The decision of the commissioner granting or refusing the application for a rehearing shall be made within thirty days after the making of such application. If a rehearing shall be granted, the same shall be determined by the commissioner within thirty days after the same shall be finally submitted. An application for such a rehearing shall not excuse any corporation or person from complying with or obeying any order or any requirement of any order of the commissioner, or operate in any manner to stay or postpone the enforcement thereof except as the commissioner may by order direct. If, after such rehearing and a consideration of the facts, including those arising since the making of the order, the commissioner shall be of the opinion that the original order or any part thereof is in any respect unjust or unwarranted, or should be changed, the commissioner may abrogate or change the same. An order made after any such rehearing abrogating or changing the original order shall have the same force and effect as an original order but shall not affect any right or the enforcement of any right arising from or by virtue of the original order.