N.Y. Comp. Codes R. & Regs. tit. 5 § 204.3

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

Section 204.3 - Notice of appeal

(a) A participant that received a notice of removal pursuant to section 203.1(b) of this Title may send a written notice (notice of appeal) to the commissioner appealing the removal postmarked by no later than 30 days from the date of the mailing of the notice. Failure by a participant to appeal the commissioner's denial or removal of certification within the aforementioned 30 day period will be deemed a waiver of the participant's right to an appeal.

(b) The notice of appeal must contain specific factual information, (along with documentation establishing that information), and all legal arguments that are the basis for the participant's challenge to the removal.

(c) All notice of appeals must be sent to the name and address indicated on the notice of removal.

(d) Counsel to the department may file a response to the notice of appeal with the appeal officer. Any response should address the factual and legal allegations contained in the notice of appeal. A copy of the response should be sent to the participant, or to the attorney representing the participant.

N.Y. Comp. Codes R. & Regs. Tit. 5 § 204.3