New York Codes, Rules and Regulations
Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT
Chapter XXII - Start-Up NY Program
Part 220 - Suny Tax-free Areas To Revitalize And Transform Upstate New York (start-up Ny) Program
Section 220.15 - Appeal procedures for businesses upon removal from the program

Current through Register Vol. 44, No. 38, September 21, 2022

This section applies to appeals taken as a result of a business being removed from the program pursuant to section 220.14 of this Part.

(a) The commissioner may designate any impartial person or persons to act as an appeal officer. Such persons may not include a member of the START-UP Approval Board or anyone with a real or perceived conflict of interest.

(b) Notice of appeal.

(1) A business that received a removal notice pursuant to section 220.14 of this Part may send a written notice of appeal to the commissioner appealing the removal by no later than 30 days from the date of service of the removal notice. Failure by a business to appeal the commissioner's denial or removal of certification within the 30-day period will be deemed a waiver of the business's right to an appeal.

(2) The notice of appeal must contain specific factual information (along with documentation establishing that information), and all legal arguments that are the basis for the business's challenge to the removal.

(3) A notice of appeal must be sent to the commissioner at the address indicated in the removal notice.

(4) Counsel to the department may file a response to the notice of appeal with the appeal officer. Any response should address the factual and legal allegations contained in the notice of appeal. A copy of the response shall be sent to the business, or to the attorney representing the business.

(c) Authority of appeal officer.

(1) The appeal officer shall evaluate the merits of the appeal and any response from counsel to the department. Where the appeal officer deems it appropriate, the appeal officer may require the business or counsel to the department to address additional issues or submit additional information regarding the appeal.

(2) Nothing herein shall preclude the appeal officer from obtaining information from any outside source, as he or she deems appropriate.

(3) The appeal officer shall determine whether he or she deems it necessary to conduct a fact-finding hearing, and the level of formality of any hearing conducted.

(d) Appeal officer's report.

The appeal officer shall prepare a report and make recommendations to the commissioner. The recommendations may be in the form of a proposed decision which will contain findings of fact and conclusions of law. This report, along with the entire record, shall be transmitted to the commissioner, counsel to the department, and the business entity that filed the appeal.

(e) Appeal decision.

After receipt of the appeal officer's report, the commissioner shall issue a final decision and serve a copy on the business or its representative. If the commissioner issues a final decision that includes findings of fact or conclusions of law that conflict with the recommendations of the appeal officer, the decision shall set forth the reasons therefor.

Amended New York State Register November 20, 2019/Volume XLI, Issue 47, eff. 11/20/2019

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