N.Y. Comp. Codes R. & Regs. tit. 21 § 8.4

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

Section 8.4 - Requirements for reinstatement after removal from register

(a) Any person removed from the "deep-sea" longshoremen's register pursuant to article IX and section 5-c of the act and this Part may seek registration upon fulfilling the same requirements as for initial inclusion in such register, provided applications for registration are then being accepted by the commission pursuant to section 5-p of the act and provided further that at least one year has expired from the date of removal, except that immediate reinstatement shall be made upon a proper showing that the registrant's failure to work or apply for work the minimum number of days required by this Part was caused by the fact that the registrant was engaged in the military service of the United States or was incapacitated by ill health, physical injury, or other good cause. The registration of any person who, because of incapacitation by ill health or physical injury, failed to work or to apply for work the minimum number of days required by this Part shall be administratively withdrawn during the pendency of such incapacitation. Upon request, immediate reinstatement shall be made upon a proper showing that:

(1) the registrant is no longer incapacitated; and

(2) such request for reinstatement is no more than one year after registrant's period of incapacitation.

In the event such failure to work or apply for work the minimum number of days required by this Part was caused by the fact that the registrant was incarcerated, such registrant may be reinstated provided he applies for such reinstatement within one year after the termination of such incarceration. Any reinstatement under this section shall not preclude a proceeding to revoke, cancel or suspend the registration of any such person reinstated to the register nor the temporary suspension of such registration under the provisions of article XI of the act.

(b) No petition for reinstatement shall be accepted from any person seeking reinstatement unless the person is sponsored for employment by a "stevedore" or by any "person", within the meaning of those terms contained in the act, who is an employer of individuals requiring a registration or a license under the act and where proof of sponsorship has been received by the commission, prior to submission to the commission of said petition, in the form of a letter submitted by the sponsoring employer.

(c) Any person removed from the "A" register may seek registration upon fulfilling the same requirements as for initial inclusion in such register except that where reinstatement is sought within one year of removal from the said "A" register, the commission may, in its discretion, waive said requirements.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 8.4