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 700.4 - Manner of bringing appeal

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

(a) An appeal shall be brought by filing a notice of appeal in writing. The party making the appeal, or his legal representative, shall sign the notice of appeal, The appeal and matters relating thereto must be addressed to the Commissioner of Correctional Services, Building 2, State Office Campus, Albany, NY 12226. No particular form is required, but the writing, in order to qualify, must be entitled "Notice of Appeal", and must set forth the goods or services purchased, the amount paid therefor, the date paid, the date the goods or services were delivered or rendered to purchaser, the purchase order or invoice number and a certified statement setting forth the basis for an alternative fair market price in accordance with section 186(2) of the Correction Law, and the reasons why the appellant deems the commissioner's price to be unreasonably in excess of the fair market price and the reasons why the price is not deemed established in accordance with section 186(2), if that is one of the appellant's grounds for appeal. A notice of appeal delivered to or received by State agencies other than as stated in this section shall be deemed improperly filed. Appeals improperly filed shall be dismissed.

(b) Within 20 days of receipt of the notice of appeal, the Price Review Board shall either:

(1) reduce the purchase price to the appellant's proposed alternative fair market price, or such other price as may be mutually agreed upon, and agree to refund or credit any excess amount paid by the purchaser. Any price thus reduced shall apply prospectively to any future purchasers until new prices are established by the commissioner or his designee in accordance with section 186(2) of the Correction Law; or

(2) acknowledge the appeal if timely.

(c) No notice of acknowledgment will be prepared when the filing of an appeal is deemed untimely pursuant to section 700.2 of this Part. The board will enter an order of dismissal acknowledging therein its filing without further proceedings.

(d) The Commissioner of Correctional Services shall promptly notify the Director of Correctional Industries and all members of the Price Review Board of the date the notice of appeal was received, and will also provide copies of all documents submitted by the appellant. This notification shall be within the 20-day period provided for by subdivision (b) of this section and shall recommend that either:

(1) the price be reduced in accordance with paragraph (b)(1) of this section; or

(2) the appellant should be sent an acknowledgment and a hearing scheduled.

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