N.Y. Comp. Codes R. & Regs. tit. 9 § 6401.3

Current through Register Vol. 46, No. 53, December 31, 2024

Section 6401.3 - Procedure for appeal

(a) Obtaining a verbal statement. After receiving the notification letter from the council, the applicant, as a preliminary step to appealing the council's decision, must by telephone or in person request a verbal statement of the basis for the council's decision. The request should be made to the program department referred to in the notification letter, which will then direct the applicant to an appropriate member of the council staff. That staff member will provide the statement over the telephone or, if the applicant arranges for an interview, in person.

(b) Formal request to appeal. Having been informed of the basis for the council's decision, the applicant may then decide to continue the appeals process. The applicant must submit to the executive director a formal request to appeal the council's decision, as defined in section 6401.1(e) of this Part. The formal request to appeal must be received by the executive director within the time limitations specified in section 6401.4 of this Part.

(c) Reply letter. Following receipt of the applicant's formal request to appeal, the executive director will send a reply letter to the applicant. The applicant's appeal will be assigned a date on which it will be considered by the appeals panel. The reply letter will also assign a deadline by which the applicant must submit the materials as defined in section 6401.1(f) of this Part. This deadline will be 14 days prior to the meeting of the appeals panel. For this subdivision only, if the deadline falls on a Saturday, Sunday or public holiday on which the council offices are closed, the deadline will be moved to the next succeeding day which is not a Saturday, Sunday or public holiday on which the council offices are closed.

(d) Materials. The applicant must submit to the executive director the materials, as defined in section 6401.1(f) of this Part, which will then be considered by the appeals panel in reviewing the appeal. The material must be received by the executive director within the time limitations specified in section 6401.4 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 6401.3