New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle I - Office of Parks, Recreation and Historic Preservation › Chapter I - Parks › Subchapter H - Palisades Interstate Park Commission-new York Rules And Regulations › Part 414 - Payments To An Owner Or Tenant Of Residential Property Or Commercial Property Upon Their Application For Allowance Of Moving Expenses In Vacating Property Acquired By The Palisades Interstate Park Commission, For Supplemental Relocation Payments, For Loss Of Favorable Mortgage Financing And For Closing Costs › Section 414.11 - Appeals procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
					 applicant for a moving expense and/or replacement housing payment shall be
					 notified promptly in writing concerning his eligibility for the payment
					 claimed; the amount, if any, he is entitled to receive, and the time and manner
					 in which such payment will be made. If any or all of the amounts claimed are
					 disallowed or require additional documentation, the eligible person will be so
					 notified in writing to this effect.
(b) If the claimant is not satisfied with the
					 payment offered, he may, within 18 months of vacating or six months after final
					 award determination by the courts of the State, request an informal conference
					 to present his case. When requested, such a conference is scheduled in the
					 regional office. The claimant may bring whomever he wishes to represent him or
					 present some facet of his claim. The decision of the commission will be made in
					 writing directed to the claimant or his representative and may be appealed to
					 the Commissioner of Parks, Recreation and Historic Preservation.
(c) The Commissioner of Parks, Recreation and
					 Historic Preservation shall then make a independent determination according to
					 the data submitted to him by the claimant and the commission. This
					 determination will be made in writing to the claimant.
(d) In the event the claimant is not
					 satisfied with the results achieved at this stage, he may then request a formal
					 hearing. This request will be directed to the Commissioner of Parks, Recreation
					 and Historic Preservation. The formal hearing will be conducted by a hearing
					 officer designated by the commission at a time and place to be determined by
					 the hearing officer. Minutes of the proceedings will be taken.
(e) Based upon all the evidence produced at
					 the hearing, the hearing officer will make his recommendation to the
					 Commissioner of Parks, Recreation and Historic Preservation who will then make
					 a final determination regarding the claim presented.
(f) In the instance of an appeal, no payment
					 of such calculated moving expenses or supplemental housing and related benefits
					 is to be made until a decision has been rendered by the Commissioner of Parks,
					 Recreation and Historic Preservation. In the instance where an owner files a
					 claim in the Court of Claims for adjudication of the fair market value of the
					 property acquired, and similarly files for an appeal hearing disputing the
					 amount of the supplemental payment preferred, no appeal hearing will be held
					 until final award determination by the courts of the State.