ECB will mail you the ALJ's decision after your hearing. If you are not satisfied with the decision, you are entitled to file an appeal. To support an appeal, you must put in writing your specific objections to the ALJ's determination of the facts and/or the ALJ's legal conclusions.

Please note that an appeal is not a new hearing. All appeals are conducted by mail. You will not have a live hearing or appear at ECB during the appeal process. Once you submit your appeal by mail, you must wait for a mailed response from ECB.

The petitioner agency also has the right to appeal the decision if it thinks that the NOV was wrongly dismissed. You will be notified if the petitioner agency chooses to appeal the decision.

What Do You Need to Do?
In order to qualify for an appeal, you must pay your penalty within 20 days of the mailing date on your decision and order, and submit your appeal within 30 days of the mailing date on your decision and order. Detailed instructions on how to appeal can be found on the back of your decision and order. Make sure to thoroughly read the instructions. If you do not follow all of the instructions when submitting your appeal, it may be rejected. If you receive notification that the petitioner agency is appealing the decision, you will have an opportunity to respond in writing, although you are not required to do so.

What Happens if You Appeal?
Your appeal will be reviewed by a panel of Environmental Control Board members. The Appeals panel will look at your NOV, all of the evidence submitted at your original hearing as well as the original decision. After considering all of these factors as well as all the arguments made on appeal, the panel will make a recommendation to the full Board, which will affirm, reverse, or modify the original decision. If you appeal a decision against you and win your appeal, ECB will mail you a refund. If the petitioner agency wins the appeal, you may be found in violation of the charge in question, and required to pay the penalty.

When the full Board has decided an appeal, no further challenge to that decision can be presented at ECB. If you want to challenge ECB's final decision, you can do so in court in a special proceeding under Article 78 of the New York Civil Practice Law and Rules.

Starting on or about November 23, 2008, a new law regarding ECB appeals will go into effect. Under the new law, if 180 days have passed since you properly filed your appeal, and you have not received a final decision and order by ECB, you may challenge the ALJ's decision in your case in New York State Supreme Court by filing an Article 78 petition. In order to utilize this option, you must file written notice with ECB of your intention to file such a petition, at least 45 days in advance of the filing of the Article 78. You also are required to serve the Article 78 petition on ECB in accordance with the New York Civil Practice Law and Rules.