N.Y. Comp. Codes R. & Regs. tit. 9 § 6401.6

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

Section 6401.6 - Council action on appeals

(a) Appeals panel recommends that appeal brought on the basis of section 6401.2(a)(1) or (2) or 6401.2(a)(3)(ii) of this Part has merit. Should the appeals panel recommend that the appeal brought on the basis of section 6401.2(a)(1) or (2) or 6401.2(a)(3)(ii) of this Part has merit, the application will be reviewed de novo as soon as practicable by the staff, panel, committee and council, but if the recommendation is received after the disbursement of all council funds, the application shall be reviewed at the first funding meeting of the next year, under the guidelines of the previous year. A council decision on a program request that has been reviewed under this subdivision is final.

(b) Appeals panel recommends that an appeal brought on the basis of section 6401.2(a)(3)(i) of this Part has merit. Should the appeals panel recommend that an appeal brought on the basis of section 6401.2(a)(3)(i) has merit, the application will be reviewed as soon as practicable by the staff who will then forward the appeal directly to the appropriate committee which will then send it to the council, but if the recommendation is received after the disbursement of all council funds, the application shall be reviewed at the first funding meeting of the next year, under the guidelines of the previous year. A council decision on a program request that has been reviewed under this subdivision is final.

(c) Appeals panel recommends that appeal has no merit. A recommendation by the appeals panel that an appeal has no merit shall be presented to the council for action at the next regularly scheduled council meeting, or as soon thereafter as is practicable. Concurrence by the council in the recommendation of the appeals panel terminates the appeal process for that particular program request. A decision of the council, which reverses the recommendation of the appeals panel and finds that the appeal has merit, will result either in the remand of the application for de novo review by staff, panel, committee and council in the same manner as provided in subdivision (a) of this section, or, if the council so selects, in a de novo review and decision on funding by the council, without remand to staff, panel or committee.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 6401.6