N.Y. Comp. Codes R. & Regs. tit. 12 § 803.11

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

Section 803.11 - Action on applications

(a) Defective applications.

(1) If an application does not conform to this Part, the commissioner may deny the application. Notice of the denial of an application shall be given promptly to the applicant and shall include, or be accompanied by, a brief statement of the grounds for the denial.

(2) A denial of an application pursuant to this paragraph shall be without prejudice to the filing of another application.

(b) Adequate applications.

(1) If an application pursuant to a temporary variance under section 803.8(a) of this Part has not been denied pursuant to subdivision (a) of this section, the commissioner shall initiate the action described under section 803.8(c).

(2) If an application pursuant to a permanent variance under section 803.9(a) of this Part has not been denied pursuant to subdivision (a) of this section, the commissioner shall initiate the action described under section 803.9(b)(6) and shall cause to be published in the State Register a notice of the filing of the application.

(3) Notice of the filing of an application for a permanent variance shall include:

(i) the terms, or an accurate summary, of the application;

(ii) a reference to the section of the law under which the application has been filed;

(iii) an invitation to interested persons to submit within a stated period of time written data, views or arguments regarding the application; and

(iv) information to affected employers, employees and the appropriate governmental authority having jurisdiction over employment or places of employment covered in the application of any right to request a hearing on the application.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 803.11