9 NYCRR 4550.11

All penalties imposed by the commission, and all license suspensions, fines, exclusions and other sanctions imposed by the commission upon any person charged shall continue in full force and effect until the determination of the commission is rendered, unless otherwise directed in writing by the commission. In this regard, the commission may reduce, increase, modify, or substitute any penalty, license suspension, fine, exclusion, or other sanction after review of the record of the administrative proceeding. In addition, the commission may assess an additional penalty, upon notice and opportunity to be heard at a hearing, if the commission finds that any appeal taken from a ruling was frivolous. A frivolous appeal is one commenced in bad faith or for purposes of delay or is one that is unreasonable and without substance or merit.