N.Y. Comp. Codes R. & Regs. tit. 19 § 941.18

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

Section 941.18 - Appeals from denial of an application for exemptions under Article 1-A of the Legislative Law Section 1-h, 1-j and 19 NYCRR Part 938.6

(a) An appeal of a denial of an application for exemption to a judicial hearing officer, pursuant to Article 1-A of the Legislative Law § 1-h and 19 NYCRR Part 938, is available only to a Client Filer who submitted an application under 19 NYCRR Part 938.4(a). A Client Filer who submitted an application under 19 NYCRR Part 938.4(b) is not entitled to such an appeal.

(b) A Client Filer may appeal a denial of an application for exemption. A notice of appeal must be in writing and include the original application for exemption together with any supporting materials that were submitted pursuant to 19 NYCRR Part 938.5. The written notice of appeal must be received by the Commission no later than fifteen (15) business days after the date of the denial. Any notice of appeal received by the Commission later than fifteen (15) business days after the date of the denial will not be considered and the Client Filer will be deemed to have waived the right to appeal.

(c) If the Client Filer appeals and such appeal is denied, the Client Filer shall, within five (5) business days of the date of the denial of the appeal, amend the Client Semi-Annual Report to include the required information relating to the subject of the application for exemption.

(d) Appeal Procedure and Standard of Review

(1) Upon receipt of a notice of appeal in accordance with Section 941.18(b), the Commission shall assign the matter to a hearing officer.

(2) The hearing officer shall review the entire record, which shall consist of the original application for exemption together with any supporting materials that were submitted pursuant to Section 941.18(b) and the Commission's written denial.

(3) The hearing officer may reverse the Commission's denial only if such denial is clearly erroneous in view of the evidence in the record.

(4) The hearing officer's final decision shall be in writing and shall affirm, reverse, or remand the decision of the Commission and shall set forth a concise statement of the reasons for the judicial hearing officer's decision. The hearing officer shall issue the final decision within fifteen (15) business days of the hearing officer's receipt of the materials identified in this section.

(5) A decision by the hearing officer to affirm or reverse the Commission's denial of an exemption shall be considered a final determination by the Commission.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 941.18

Amended New York State Register December 21, 2016/Volume XXXVIII, Issue 51, eff. 12/21/2016

Amended New York State Register June 6, 2018/Volume XL, Issue 23, eff. 6/6/2018

Amended New York State Register July 19, 2023/Volume XLV, Issue 29, eff. 7/19/2023