N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 645-7.5

Current through Register Vol. 46, No. 43, October 23, 2024

Section 645-7.5 - Procedures to challenge a regulatory fee

(a) Any person having a question about the basis for an annual regulatory fee or how it was calculated, may contact the commission staff to request an explanation. The commission staff shall promptly explain the computation of the regulatory fee.

(b) Any person wishing to challenge the amount of a regulatory fee must make a request for redetermination on such forms as the commission may prescribe. Such a request shall be mailed by certified mail or hand delivered to the commission within 30 days of the date when any such fee became due and payable. The failure to make such a request within 30 days from the date when the fee became due and payable shall bar further consideration of that fee unless changed circumstances require reconsideration of that fee in a subsequent fee year. The failure of the commission staff to explain the basis for the fee in accordance with paragraph (a) of this section shall not be grounds for the extension of the 30-day period provided herein.

(c) Any request for reconsideration must, at a minimum, be accompanied by an explanation of why a reduction in the amount of the regulatory fee imposed is appropriate, a statement of what the revised regulatory fee should be, and appropriate documentary evidence to support the claim. Any evidence submitted relative to the size or configuration of a dock or wharf shall be verified by either the owner or the owner's agent, or shall be based upon a survey prepared by a licensed land surveyor.

(d) The commission shall not consider any request for redetermination if a person fails to:

(1) make the request within the 30-day time period provided herein; and

(2) make payment in full of the undisputed amount of the regulatory fee.

(e) Upon receipt of a request for redetermination, the commission staff shall determine whether the initial determination should be revised. The staff determination shall be made within 30 days of receipt of the request for redetermination, unless the staff shall determine that it has insufficient information to act upon the request for redetermination. In such an event, the staff shall, within such 30-day period, mail to the person initiating the request for redetermination a request for further information, specifying the nature of the information that must be submitted. The staff determination shall be made within 30 days following receipt of all of the requested information. In the event that any person initiating a request for a determination shall fail to respond to a request for further information within 30 days from the request by staff, the commission may deem the request for redetermination abandoned and assess a penalty on the disputed amount from the date the 30-day period expired.

(f) A person shall have a right to appeal to the commission from any determination issued by the staff in response to a request for redetermination. Such an appeal must be initiated within 30 days following the mailing by staff of the determination rendered pursuant to subdivision (e) of this section. The appeal shall be made in writing, and shall be mailed by certified mail or hand delivered to the commission within 30 days from the receipt of the staff determination. Such an appeal must be accompanied by an explanation as to why a reduction in the regulatory fee is appropriate, a statement of what the revised regulatory fee should be, appropriate verified documentary evidence, together with an explanation of why the commission staff has not properly responded to the issues raised in support of the initial request for redetermination.

(g) The commission staff shall have 30 days to respond in writing to any such appeal. The appeal and the response of commission staff shall be presented to the commission at the next regular meeting following either the response by staff or the expiration of 30 days following the initiation of the appeal, whichever occurs first. The commission shall, by order of the chairman or two members of the commission, determine whether to allow an oral presentation in connection with the appeal. In such an event, the person initiating the appeal shall be notified of such fact not less than five business days prior to the meeting of the commission.

(h) Following the initiation of an appeal, no party shall directly or indirectly through a representative communicate with the commission or any member of the commission relative to any issue pending in the appeal without providing notice and an opportunity for all parties to participate.

(i) If any issues of fact are required to be determined on such an appeal, the commission may, in its discretion, refer the appeal to a hearing officer, who shall conduct a hearing on said issues in accordance with Subpart 645-6 of this Part. In such event, the appeal shall be heard by the commission at the next regular meeting following the delivery to the commission of the hearing officer's report.

(j) The commission shall render a decision regarding any such appeal no later than the next regular meeting following the date on which the appeal is heard. Any such decision shall be in writing, shall be mailed to the appellant and any attorney of record by certified mail, and shall take effect five days from the date of mailing. The commission's decision must be made upon consideration of the complete record, must be supported by substantial evidence and shall state the reasons for the decision. Any such decision may be reviewed pursuant to article 78 of the CPLR.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 645-7.5