New York Codes, Rules and Regulations
Title 19 - DEPARTMENT OF STATE
Chapter VI - Division of Cemeteries
Part 200 - Rules Of Procedure Of State Cemetery Board
Section 200.2 - Applications for orders or determinations

Universal Citation: 19 NY Comp Codes Rules and Regs ยง 200.2

Current through Register Vol. 46, No. 12, March 20, 2024

(a) All applications required to be made to the Cemetery Board for orders or determinations, except applications for approval of rates and charges or for authority to issue certificates of indebtedness, pursuant to sections 1509(a)-(e) and 1511(a) of the Not-for-Profit Corporation Law, shall be determined and the orders made by the director in the first instance.

(b) A party aggrieved, by an order or determination so made by the director, may file a protest with the Cemetery Board within 30 days after the effective date of such order or determination.

(c) If a protest be not filed with the Cemetery Board within 30 days after the effective date of the order or determination made by the director, said order or determination shall be considered the final order or determination of the Cemetery Board unless (1) the time to file a protest is, for good cause, extended by the Cemetery Board, or (2) the Cemetery Board, within 60 days after the effective date of the order or determination made by the director, shall upon its own action make an order or determination modifying, amending, supplementing or rescinding the order or determination of the director.

(d) The protest shall specify the objections to the subject order or determination. The board, in passing upon the protest, will consider only those objections so specified and may afford a hearing or limit the protestant to the filing of affidavits or memoranda.

(e) The filing and determination of a protest to the Cemetery Board shall be a prerequisite to obtaining judicial review of any order or determination made by the director under section 200.1 of this Part.

(f) Any protest not acted upon by the Cemetery Board within 60 days after the filing thereof shall be deemed to be denied in all respects.

(g) The director shall make a determination in respect of such matters as are authorized to be made by him under subdivision (a) of this section, within six months after the application is submitted to him in complete form. Should the director require additional information, time to render his decision is extended by the time required for the cemetery to comply with such request.

(h)

(1) A party aggrieved by an order or determination of the Cemetery Board, made pursuant to sections 1509(a)-(e) and 1511(a) of the Not-for-Profit Corporation Law, may file a protest with the Cemetery Board within 30 days after the effective date of such order or determination.

(2) The time to file a protest may be extended by the Cemetery Board for good cause shown, but solely in the discretion of the board.

(3) The protest shall specify the objections to the order or determination. The protest may include a request for a hearing, in which event the board shall grant a hearing to be held within a reasonable time thereafter.

(4) After formal proof is introduced at such a hearing by the party aggrieved, then at the request of such party, the official data and calculations on which the board's order or determination was based shall be made available to the applicant.

(5) At least 10 days' written notice of the time and place of a hearing shall be given by the Cemetery Board to the applicant requesting the same at its principal place of business. Such applicant may be represented by counsel at such hearing. The Cemetery Board or any member of the board, or deputy or other person duly authorized by the board, may hold and conduct such hearing, and shall have the power to administer oaths and take testimony.

(6) Hearings shall be held at such place or places as the board may designate.

(7) A full record of the proceedings of every hearing shall be taken. Such record, together with the recommendations of the hearing officer, if the hearing is not conducted by the board, shall be referred as soon as practicable to the board for review and decision, all of which shall be deemed a part of such record. The cost of the stenographic record of such hearing shall be borne by the applicant.

(8) Within a reasonable time after the conclusion of a hearing held pursuant to this section, the board shall make its final order or determination in the matter. A copy thereof shall be mailed to the applicant and to its counsel, if any.

(i) An application made to the Cemetery Board pursuant to section 1509(a)-(e) of the Not- for-Profit Corporation Law shall be determined by the board within six months after the application is submitted in complete form, except that should the board request additional information, the time to render its decision is extended by the time required for a cemetery to comply with such request.

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