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New York Codes, Rules and Regulations (NYCRR)

Title 9 Part 7904

Executive Department

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Source version current through May 15, 2022

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9 NYCRR 7904.1 - Purpose and scope

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NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
May 15, 2022

This Part establishes procedures for appeals from assignment orders, denial orders, and general distribution orders issued pursuant to Parts 7901, 7902 and 7903 of this subchapter.

9 NYCRR 7904.2 - Timeliness of State action

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Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
May 15, 2022
(a)If the State Energy Office fails to take action on an application within 15 business days of filing (if the action is initially filed orally, it shall be considered to be filed on the date that it is orally communicated to the State Energy Office), the applicant may treat the application as having been denied in all respects and may appeal therefrom as provided in this part.
(b)Notwithstanding paragraph (a) of this section, if a County Energy Coordinator or the State Energy Office dismisses an application without prejudice for insufficient information under section 7901.6(c) of this subchapter, or if an applicant making an oral request fails to file a written application within five days as required by section 7901.4(a) of this subchapter, the running of the fifteen-day period shall be suspended until the application is resubmitted with sufficient information or the written application is filed.

9 NYCRR 7904.3 - Time for appeal

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Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
May 15, 2022
(a)An appeal from an assignment order issued pursuant to Parts 7901 and 7903 of this subchapter, or from a general distribution order issued pursuant to Parts 7902 and 7903 of this subchapter, must be taken within five business days of service upon the appellant of the order being appealed.
(b)An appeal from a denial order issued pursuant to Parts 7901 and 7903 of this subchapter must be taken within 15 days of service upon the appellant of the order being appealed.
(c)An appeal shall be deemed taken when a written petition is filed by personal delivery, or by postage-paid certified mail, to the commissioner, State Energy Office, 2 Rockefeller Plaza, Albany, New York 12223.

9 NYCRR 7904.4 - Contents of petition

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Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
May 15, 2022
(a)A petition seeking to appeal an order shall contain:
(1)the name, address and telephone number of the appellant, and the appellant's attorney or other representative if any;
(2)a copy of the order being appealed;
(3)proof that the petition has been served upon all other parties to whom the order being appealed was addressed; and
(4)a clear, concise statement of the facts and law supporting the appellant's position on the appeal.
(b)A petition may include any other information which the appellant believes will support its position.
(c)A petition shall include a statement, signed and dated by the appellant, that all factual assertions in the petition are true.

9 NYCRR 7904.5 - Procedure on petition

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Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
May 15, 2022

Following the filing of a petition, there shall be a period of five business days during which any interested person, other than the appellant, may file comments with the commissioner with proof that a copy of such comments was served upon the appellant. Comments shall be accompanied by a written statement that all factual assertions in the comments are true, and shall be signed and dated by the person making the assertions. Following the comment period, the commissioner shall make a decision in writing disposing of the appeal. The decision shall contain findings of fact and conclusions of law, and shall be served by the commissioner by registered mail upon the appellant and all other person to whom the order being appealed was addressed.

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