N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 179-3.9

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

Section 179-3.9 - Appeal process

(a) A resident may appeal the following aspects of the application process:

(1) the contents of the Application Evaluation form, if he believes that the information used in evaluating the application is inaccurate; or

(2) a decision by the temporary release committee to deny his application.

Disapproval of an application by the director of the division cannot be appealed.

(b) A resident may appeal a decision of the temporary release committee by submitting the division's appeal form, along with any other pertinent information, to the temporary release committee chairperson for referral to the director of temporary release programs. A resident has 10 days from the date of receipt of the notice of disapproval by the temporary release committee to appeal the decision. If a resident appeals, the chairperson of the temporary release committee shall forward to the director of temporary release programs any information pertinent to the appeal. The director of temporary release programs shall advise and make a recommendation to the director of the division regarding the appeal. The director of the division shall decide whether the initial determination shall be upheld. The resident and the temporary release committee shall be notified of the director's determination regarding the appeal.

(c) Until the appeal process is complete, a subsequent application for the same requested program will not be considered. A resident may make a written request to withdraw a pending appeal at any time.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 179-3.9