N.Y. Comp. Codes R. & Regs. tit. 9 § 463.11

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

Section 463.11 - Appeals procedure

(a) An applicant for a moving expense and/or replacement housing payment shall be notified promptly in writing concerning his eligibility for the payment claimed; the amount, if any, he is entitled to receive, and the time and manner in which such payment will be made. If any or all of the amounts claimed are disallowed or require additional documentation, the eligible person will be so notified in writing to this effect.

(b) If the claimant is not satisfied with the payment offered, he may, within 18 months of vacating or six months after final award determination by the courts of the State, request an informal conference to present his case. When requested, such a conference is scheduled in the regional office conducted by the regional manager of the park region. The claimant may bring whomever he wishes to represent him or present some facet of his claim. The decision of the regional manager will be made in writing directed to the claimant or his representative and may be appealed to the deputy commissioner for planning and operations.

(c) The deputy commissioner for planning and operations shall then make an independent determination according to the data submitted to him by the claimant and the regional manager. This determination will be made in writing to the claimant.

(d) In the event the claimant is not satisfied with the results achieved at this stage, he may then request a formal hearing. This request will be directed to the Commissioner of Parks, Recreation and Historic Preservation. The formal hearing will be conducted by a hearing officer designated by the commissioner at a time and place to be determined by the hearing officer. Minutes of the proceedings will be taken.

(e) Based upon all the evidence produced at the hearing, the hearing officer will make his recommendation to the Commissioner of Parks, Recreation and Historic Preservation, who will then make a final determination regarding the claim presented.

(f) In the instance of an appeal, no payment of such calculated moving expenses or supplemental housing and related benefits is to be made until a decision has been rendered by the Commissioner of Parks, Recreation and Historic Preservation. In the instance where an owner files a claim in the Court of Claims for adjudication of the fair market value of the property acquired, and similarly files for an appeal hearing disputing the amount of the supplemental payment preferred, no appeal hearing will be held until final award determination by the courts of the State.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 463.11