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. 46, No. 12, March 20, 2024
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.
(c) Authority of appeal officer.
(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.