N.Y. Comp. Codes R. & Regs. tit. 6 § 421.3

Current through Register Vol. 46, No. 50, December 11, 2024

Section 421.3 - Refusal to renew, suspension or revocation

(a) The department may refuse to renew a permit, in whole or in part, upon a finding that the permittee is in repeated or willful violation of any of the terms of the permit; title 27; or any rule, regulation, standard or condition promulgated pursuant thereto. When the department denies an application for renewal of a permit, the permit shall expire as scheduled unless a hearing is requested by the permittee prior to said expiration date. In the latter case, the permit will be extended until a date which an order of the department made after such hearing may provide. Such extension shall not be construed as condonation by the department of the permittee's actions prior to or during the extension period.

(b) The department may suspend or revoke a permit, in whole or in part, upon a finding that the permittee is in repeated or willful violation of any of the terms of the permit, or provisions of title 27, or for repeated or willful deviation from the mined land-use plan. Suspension or revocation of a permit shall become effective 15 days after the mailing or service of notice to the permittee unless a hearing requested by the permittee, in which case such action will be effective upon any date which an order of the department made after such hearing may provide.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 421.3