N.Y. Comp. Codes R. & Regs. tit. 16 § 1000.15

Current through Register Vol. 46, No. 45, November 2, 2024

Section 1000.15 - Acceptance of a certificate

(a) Upon issuance of a final decision by a board granting a certificate, an applicant shall, within 30 days after the issuance of such decision, file either a written unqualified acceptance of the certificate or a petition for rehearing, but not both.

(b) If a petition for rehearing has been granted, an applicant shall, within 30 days after the issuance of the decision on rehearing, file either a written unqualified acceptance of the certificate (as modified by such decision) or a petition for judicial review, but not both.

(c) If judicial review has been obtained, an applicant shall file a written unqualified acceptance of the certificate within 30 days after either:

(1) the expiration of the time for judicial review of the court order:

(i) enforcing the board's decision; or

(ii) modifying the board's decision and enforcing it as so modified; or

(2) any final decision by a board upon remand for further specific evidence or findings.

(d) A certificate will be vacated unless an applicant has filed a written acceptance in accordance with subdivision (a), (b) or (c) of this section, as the case may be.

(e) Upon the filing of a written acceptance of a certificate following a final decision on an application, rehearing, judicial review or remittal, as the case may be, a board's jurisdiction with respect to such certificate will cease provided, however, that the permanent board will retain jurisdiction with respect to the amendment, suspension or revocation of the certificate.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 1000.15