N.Y. Comp. Codes R. & Regs. tit. 9 § 6059.4

Current through Register Vol. 46, No. 41, October 9, 2024

Section 6059.4 - [Effective until 3/25/2024] Appeal Procedures

(a) A request to appeal must be made within ninety days of a firearm license applicant or firearm licensee receiving written notice of the denial of a firearm license application, renewal, or recertification, or the revocation of a firearm license. This ninety-day time limitation shall be computed from the postmarked date of the written notification of denial or revocation issued by the licensing officer.

(b) The request to appeal shall be made in writing by mail or electronic communication as designated on websites of the Division of Criminal Justice Services and the Division of the State Police. The appeal shall be directed to the appropriate firearm license appeal officer for review.

(c) A firearm license appeals officer receiving an appeal from a firearm license applicant or firearm licensee may elect to hold a hearing, if requested, but is not required to hold a hearing and may determine the appeal based upon information received from the person requesting appeal and the licensing officer that denied the firearm license application, renewal, or recertification, or revoked the firearm license.

(d) The Appeals officer shall use the requirements set forth in section 400.00 of the Penal Law to determine the appeal. The determination by the appeals officer, after review and approval of a majority of the appeals board members shall:

1) Issue a final determination affirming the decision by the nonjudicial licensing officer; or

2) Return the application for further review and for a final decision by the non-judicial licensing officer if the appeals officer finds that the application determination was not supported by substantial evidence, along with the reasoning for the finding.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 6059.4

Adopted New York State Register July 19, 2023/Volume XLV, Issue 29, eff. 6/30/2023, exp. 8/28/2023 (Emergency)

Adopted New York State Register October 11, 2023/Volume XLV, Issue 41, eff. 9/20/2023, exp. 11/18/2023 (Emergency)

Adopted New York State Register December 20, 2023/Volume XLV, Issue 51, eff. 11/29/2023, exp. 1/27/2024 (Emergency)

Amended New York State Register February 14, 2024/Volume XLVI, Issue 7, eff. 1/26/2024, exp. 3/25/2024 (Emergency)