N.Y. Comp. Codes R. & Regs. tit. 9 § 572.22

Current through Register Vol. 46, No. 24, June 12, 2024

Section 572.22 - Appeals and requests for reconsideration

(a) Appeals of actions taken by agency staff.

(1) Any project sponsor or variance applicant may appeal the following actions of the deputy director-regulatory programs to the agency:

(i) determinations whether a project or variance application is complete, and the contents of requests for additional information;

(ii) conditions precedent to the issuance of, and conditions imposed in, permits issued pursuant to the authority delegated in section 572.11 of this Part;

(iii) determinations pursuant to section 572.19(b) of this Part whether a request to amend a permit or variance involves a material change;

(iv) denial or conditional approval of requests to amend permits or variances, or requests to renew permits; or

(v) any other action with respect to a project or a variance pursuant to delegated authority.

(2) Any person may appeal any determination made pursuant to section 572.15 of this Part declining to issue an emergency certification or emergency recovery authorization.

(b) Requests for reconsideration of actions by the full agency.

(1) Any project sponsor or variance applicant may request reconsideration of any action taken by the full agency on a project or variance. Six affirmative votes shall be required to grant reconsideration. If reconsideration is granted, eight affirmative votes shall be required to act with respect to the merits of the request.

(2) Reconsideration may be granted if the agency finds that the previous action was based on materially erroneous findings of fact or conclusions of law, or that a relevant policy or interpretation has changed since the previous action.

(c) An appeal or request for reconsideration shall be in writing, and shall be filed with the agency not later than 30 days following the action in question. Upon request made within such 30 day period, and for good cause shown, the agency may allow an additional 30 days for filing.

(d) At least 20 days prior to the date the appeal or request is to be considered, the agency shall give notice that it is pending to all persons who received a notice of application completion pursuant to section 809(2) of the Adirondack Park Agency Act and section 572.8 of this Part, and, in the case of variances, and projects subject to a public hearing, to all parties to the hearing, and invite a written response thereto.

(e) New evidence may not be submitted upon any appeal or request for reconsideration. New evidence may be submitted as part of a request to amend a permit pursuant to section 572.19 of this Part, or, for variances or projects subject of a public hearing, by motion to reopen the hearing pursuant to section 576.5 or 580.14(h) of this Title, as applicable.

(f) The terms and conditions of any permit or variance shall be complied with while the appeal or request is pending.

(g) An appeal or request shall be referred initially to the regulatory programs committee, which shall make an advisory recommendation to the agency.

(h) The agency shall act on an appeal or request within 90 days of its filing. The statutory time periods in sections 806 and 809 of the Adirondack Park Agency Act shall not run during the time an appeal or request is pending. A decision upon appeal or reconsideration may consist of any determination which the agency might make pursuant to sections 806 and 809 of the Adirondack Park Agency Act and these regulations.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 572.22

Amended New York State Register June 17, 2015/Volume XXXVII, Issue 24, eff.6/17/2015