N.Y. Comp. Codes R. & Regs. tit. 1 § 220.13

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

Section 220.13 - Administrative review of condemnation, stop-use, stop-removal and removal orders

Administrative review of condemnation, stop-use, stop-removal and removal orders shall be provided and shall be available as follows:

(a) for orders issued by the Department of Agriculture and Markets, upon receipt of a written request for administrative review of such order made within five business days from issuance of the order, the department will, within three business days from the date of receipt of the request, provide for administrative review of the order by or before an independent hearing officer of the Department of Agriculture and Markets. A written request for review shall be directed to the Director, Bureau of Weights and Measures, Department of Agriculture and Markets, Albany, NY 12235-0001;

(b) for orders issued by any local weights and measures official, review of such order may be obtained upon written request made within five business days from the date of such order directed to the local director of weights and measures. Within three business days from the date of receipt of a written request for such review, the administrative review shall be conducted by an officer designated by the appropriate municipal official, provided that the officer so designated shall not be a person responsible for administration and enforcement of the locality's weights and measures program.

All condemnation, stop-use, stop-removal and removal orders shall contain a notice that an administrative review of such order is available upon timely written request. The notice shall read substantially as follows:

NOTICE

YOU HAVE THE RIGHT TO ADMINISTRATIVE REVIEW OF THIS ORDER. TO OBTAIN REVIEW, SEND A WRITTEN REQUEST POST-MARKED WITHIN FIVE (5) BUSINESS DAYS FROM THE DATE OF THIS ORDER TO (insert name and address). YOUR REQUEST SHOULD SET FORTH ANY INFORMATION WHICH YOU BELIEVE SUPPORTS WITHDRAWAL OR MODIFICATION OF THE ORDER.

N.Y. Comp. Codes R. & Regs. Tit. 1 § 220.13