New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter I - Rules Generally › Part 30 - Oil Spill Prevention And Control-licensing Of Major Facilities › Section 30.7 - Appeal

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An applicant
				may appeal the denial of a license, or the refusal of the department to issue a
				license, to the commissioner. In the case of a refusal of the department to
				issue a license for a major facility which will be in operation on July 1,
				1978, and in the case of all refusals to renew a license, where the applicant
				properly appeals to the commissioner, the license shall be deemed issued or
				renewed, as the case may be, during the appeal period until the final
				determination by the commissioner. In all other cases, the license shall be
				deemed denied during the appeal period.
(b) An applicant may also appeal any special
				condition or requirement inserted in a license by the department on its own
				initiative. Such appeal shall be to the commissioner. Such special condition or
				requirement shall not be valid during the appeal period until final
				determination by the commissioner.
(c) The method of appeal shall be as follows:
				A notice stating that the applicant appeals the determination of the
				department, along with a statement of the facts or reasons why the applicant
				feels the department's denial, refusal to renew or insertion of special
				conditions or requirements was not warranted, shall be sent to the commissioner
				by certified or registered mail. The notice and statement of reasons shall be
				posted within 15 days of receipt by the applicant of the notice of denial or
				refusal to renew or license with special conditions or requirements. Upon
				receipt of such a notice of appeal, the commissioner shall appoint a hearing
				officer who shall conduct a hearing in accordance with the provisions of the
				State Administrative Procedure Act and shall provide the commissioner with
				findings of fact and a recommended determination. The hearing shall be held
				within 60 days of receipt of the notice of appeal by the commissioner. The
				hearing officer's report and recommendation shall be transmitted to the
				commissioner within 30 days of the completion of the record of hearing,
				including a full transcript. The commissioner's final determination shall be
				made within 30 days of receipt of the hearing officer's findings of fact and
				recommendations.
(d) In the case
				where the department refuses to issue a license or to renew a license due to
				the refusal of the Department of Environmental Conservation to certify that the
				applicant meets the standards contained in subdivisions 3 and 8 of section 174  of the
				Navigation Law, or where the department inserts special conditions or
				requirements in the license upon the request of the Department of Environmental
				Conservation, any appeal of such refusal or insertion of special conditions
				shall be taken to the Commissioner of Environmental Conservation pursuant to
				procedures established by the Department of Environmental Conservation. In the
				case of the refusal of the Department of Environmental Conservation to certify
				that the applicant meets the standards contained in subdivisions 3 and 8 of
				section 174  of the
				Navigation Law, for the issuance of a license for a major facility which will
				be in operation on July 1, 1978 or for all applications to renew a license,
				where the applicant properly appeals to the Commissioner of Environmental
				Conservation, the license shall be deemed issued or renewed, as the case may
				be, during the appeal period until a final determination by the Commissioner of
				Environmental Conservation. In all other cases, the license shall be deemed
				denied during the appeal period. Special conditions or requirements inserted in
				a license upon the request of the Department of Environmental Conservation
				shall not be valid during the appeal period until final determination by the
				Commissioner of Environmental Conservation.