N.Y. Comp. Codes R. & Regs. tit. 9 § 6401.2

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

Section 6401.2 - Grounds for appeal

(a) Limitation of grounds. There are only three grounds upon which an applicant may base an appeal, as set forth below. An applicant must state in writing which of these grounds it is relying upon in making an appeal. The applicant must state in detail the facts which make applicable the particular ground for appeal. This statement constitutes the materials, within the meaning of section 6401.1(f) of this Part and is to be submitted in accordance with section 6401.3(d). One, two or all three grounds may be alleged. The three grounds are:

(1) Nonpresentation of information. Information which an applicant made known to the council staff prior to the council's program request decision was not presented to the council and which, if presented, might have altered the council's decision.

(2) Misrepresentation of information. Information which an applicant made known to the council staff prior to the council's program request decision was distorted in its presentation to the council and which, if presented fairly, might have altered the council's decision.

(3) Improper procedure. The two possible bases for asserting this ground are (i) the review of the program request by the appropriate advisory panel was biased; or (ii) the program request decision of the council was arbitrary and capricious.

(b) Single appeal. An applicant is entitled to only one appeal for each program request.

(c) No further appeal. No appeal may be taken from a decision of the council regarding an appeal.

(d) Unresolved appeal. The existence of an unresolved appeal shall not preclude an applicant from making a program request in a subsequent year.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 6401.2