N.Y. Comp. Codes R. & Regs. tit. 12 § 263.67

Current through Register Vol. 46, No. 45, November 2, 2024

Section 263.67 - Exceptions to the Board

(a) This section applies to exceptions to the board to decisions, reports, orders, rulings or other appealable findings or determinations.

(b) Within 15 working days after receipt of a decision, report, order, ruling or other appealable findings or conclusions, a party may file electronically (see section 263.15 of this Part) with the board a statement in writing setting forth exceptions thereto or to any other part of the record or proceedings. A brief in support thereof shall be filed simultaneously as a separate document. A copy of such exceptions and briefs shall be served upon all other parties and proof of such service shall be filed with the board.

(c) The exceptions shall:

(1) set forth specifically the questions or policy to which exceptions are taken;

(2) identify that part of the decision, report, order, ruling or other findings or determinations to which exceptions are taken;

(3) designate by page citation the portions of the record relied upon; and

(4) state the grounds for exceptions. An exception which is not specifically urged is waived.

(d) Within seven working days after receipt of exceptions, any party may file electronically (see section 263.15 of this Part) a response thereto, or crossexceptions, and a brief in support thereof, together with proof of service of copies of these documents upon each party to the proceeding. Within seven working days after receipt of cross-exceptions, any party may file electronically a response, together with proof of service of a copy thereof upon each party to the proceeding. No pleading other than exceptions, cross-exceptions, or a response thereto will be accepted or considered by the board unless it is requested by the board or filed with the board's authorization. Such additional pleadings will not be requested or authorized by the board unless the preceding pleading properly raises issues which are material to the disposition of the matter for the first time. If any additional pleading is requested or authorized by the board, the board shall notify the parties regarding the conditions under which that pleading will be permitted.

(e) A request for an extension of time within which to file exceptions and briefs shall be in writing, and filed electronically with the board before the expiration of the required time for filing exceptions, provided that the time during which to request an extension of time may be extended because of extraordinary circumstances. A party requesting an extension of time shall notify all parties to the proceeding of its request and shall indicate to the board the position of each other party with regard to such request.

(f) If a party desires to argue orally before the board, a written request with reasons therefor shall accompany the exceptions, the response thereto, or the crossexceptions and be prominently displayed on the first page of the party's papers. The board may grant such a request; it may also direct oral argument on its own motion.

(g) Upon receipt of the case, the board may adopt, modify, or reverse the decision, report, order, ruling, finding, or determination to which exceptions have been filed.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 263.67

Adopted New York State Register February 15, 2023/Volume XLV, Issue 07, eff. 2/15/2023