New York Codes, Rules and Regulations
Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
Chapter VIII - Institutional Programs
Part 700 - Appeal Of Correctional Industries Prices
Section 700.11 - Authorized dispositions
Current through Register Vol. 44, No. 38, September 21, 2022
(a) Initial screening and review. Upon initial screening and review of the record, or upon the hearing, the board may dismiss the appeal if it finds that it lacks jurisdiction, or the filing of an appeal is untimely.
(b) Default. Upon appellant's failure to appear in person or by counsel at the date, place and time of the scheduled hearing due to unexcused absence or lateness, the board may dismiss the appeal.
(c) Abandonment. Upon appellant's failure to notify the board of any change of address prior to a scheduled hearing, the board may dismiss the appeal.
(d) Upon convening the hearing and after submission by the parties of the evidence, the board may dismiss the appeal upon a finding that the purchaser has not met his burden of proof.
(e) Upon a finding by the board that the price of a correctional industries product or service unreasonably exceeds the fair market price, or that the fair market price was not established in accordance with the standard provided by section 186(2) of the Correction Law, then the board may redetermine the sales price with respect to such purchaser. The price redetermined by the board may or may not be the alternative fair market price submitted by the purchaser, and shall apply prospectively to purchases made subsequent to such redetermination until such time as new prices are established for such product or service by the commissioner for such product or service in accordance with section 186(2) of such law. If the board redetermines the price, any excess paid to correctional industries shall be repaid to the purchaser or, at the option of the purchaser, may be credited by the Commissioner of Correctional Services toward any future purchase.