New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XXI - OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES
Part 831 - Appeals, Hearings, And Rulings
Section 831.9 - Administrative appeals

(a) Where an opportunity for an administrative appeal is afforded pursuant to the provisions of this Chapter, the provisions of this section shall apply.

(b) All requests for administrative appeals shall be in writing and delivered by certified mail, return receipt requested, to the Commissioner within thirty (30) days of receipt of the applicable agency decision.

(c) A request for an administrative appeal shall include a written detailed statement of the factual issues in dispute.

(d) Administrative appeals shall be based upon the written submissions of the party requesting the appeal and any relevant agency documentation. The burden of proof on appeal shall be on the party requesting the appeal to demonstrate that the agency's action is not in conformance with the applicable statutes or regulations.

(e) A conference including all relevant parties may be held at the sole discretion of the Commissioner.

(f) Within thirty (30) business days of receipt of the request for administrative appeal, or within fifteen (15) days after the conference as set forth in subdivision (e) of this section, the Commissioner will issue a final determination in writing. Formal notification of the determination shall be sent to the party requesting the appeal by certified mail, return receipt requested.

(g) The determination after administrative review of the appeal shall be final and is not subject to further administrative review.