N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 358-3.9

Current through Register Vol. 46, No. 50, December 11, 2024

Section 358-3.9 - Review of denial of application for plan acceptance

(a) When an application for acceptance of a plan has been denied on the ground that the benefits under the plan do not meet the requirements of section 358- 3.1 of this Subpart, the applicant, within 15 days after notice of such denial has been given, may apply in writing to the chairman for review. In support of his application for review, and as a part of such application, the applicant shall submit a memorandum of the facts on the basis of which he contends that the benefits provided under the plan are, notwithstanding the requirements of section 358-3.1, at least as favorable as the disability benefits under section 204 of the Workers' Compensation Law.

(b) The chairman, or an officer or employee of the board designated by the chairman for that purpose, shall review the application and plan, and the chairman may direct that a hearing be held for the taking of evidence and for such other consideration as the proofs warrant.

(c) Upon such review, the chairman, or the officer or employee designated by the chairman, may make a variation from the provisions of section 358-3.1 of this Subpart, provided such variation reflects the general intent and purpose of section 211 and is in the interest of justice.

N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 358-3.9