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Grade Pending in NYC: how to appeal a restaurant violation

A B, a C, or a Grade Pending card is not the end of the story. Here is exactly how the appeal works, the deadline you cannot miss, and the evidence that actually wins.

What "Grade Pending" actually means

NYC inspects every restaurant unannounced at least once a year. Each violation carries points, and your total maps to a letter grade: the lower the score, the better the grade. You earn an A at 13 points or fewer. Score 14 or more and you do not get an A on the spot. You post a Grade Pending card and await re-inspection, or you file an appeal. Grade Pending simply means the final grade is not settled yet.

The 45-day deadline

If you receive a B or C, you can request an administrative hearing within 45 days of the inspection, through the DOHMH online portal or by mail. Miss the window and the grade stands. This is the single most common avoidable mistake: owners wait, hoping it sorts itself out, and the clock runs out.

Where the hearing happens

Appeals are heard at the Office of Administrative Trials and Hearings (OATH). An administrative law judge reviews each contested violation and can dismiss it, reduce its points, or uphold it. Reducing points can move you from a B back to an A, which is the whole game.

The evidence that wins

For each violation you contest, build a case on one of three grounds:

  1. It did not occur as described. Show the inspector's note does not match reality.
  2. The wrong standard was applied. The cited code does not fit the situation.
  3. It was corrected immediately. You fixed it on the spot.

Documentation is your most valuable asset: temperature logs, pest-control reports, staff training records, and dated photos. A clean paper trail turns "the inspector said so" into "here is what actually happened."

Before the next inspection: stop the points at the source

The best appeal is the one you never need. The repeat point-earners are predictable: holding temperatures, date marking, cold storage, pest evidence, and cleanliness of contact surfaces. Walk your own line with a thermometer before the city does, and keep your records in one folder ready to hand over.

Know your risk before the inspector does

Restore reads your DOH, FDNY, DOB, and OATH records in one place, flags what is likely to cost you next, and a compliance pro can walk you through the fix in a 15-min review. Start with the free check.

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Frequently asked

How long do I have to appeal?

45 days from the inspection, via the DOHMH portal or by mail.

Can I represent myself at OATH?

Yes. You can appear yourself or bring help. Either way, the case is won on evidence, not argument.

Does a pending appeal hurt my business?

While it is pending you post a Grade Pending card instead of a B or C, which most customers read more kindly than a B or C in the window.