New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter VI - Division of Cemeteries › Part 200 - Rules Of Procedure Of State Cemetery Board › Section 200.2 - Applications for orders or determinations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All applications required to be made to
				the Cemetery Board for orders or determinations, except applications for
				approval of rates and charges or for authority to issue certificates of
				indebtedness, pursuant to sections 1509 (a)-(e) and 1511 (a)  of the
				Not-for-Profit Corporation Law, shall be determined and the orders made by the
				director in the first instance.
(b)
				A party aggrieved, by an order or determination so made by the director, may
				file a protest with the Cemetery Board within 30 days after the effective date
				of such order or determination.
(c)
				If a protest be not filed with the Cemetery Board within 30 days after the
				effective date of the order or determination made by the director, said order
				or determination shall be considered the final order or determination of the
				Cemetery Board unless (1) the time to file a protest is, for good cause,
				extended by the Cemetery Board, or (2) the Cemetery Board, within 60 days after
				the effective date of the order or determination made by the director, shall
				upon its own action make an order or determination modifying, amending,
				supplementing or rescinding the order or determination of the
				director.
(d) The protest shall
				specify the objections to the subject order or determination. The board, in
				passing upon the protest, will consider only those objections so specified and
				may afford a hearing or limit the protestant to the filing of affidavits or
				memoranda.
(e) The filing and
				determination of a protest to the Cemetery Board shall be a prerequisite to
				obtaining judicial review of any order or determination made by the director
				under section
				200.1 of this Part.
(f) Any protest not acted upon by the
				Cemetery Board within 60 days after the filing thereof shall be deemed to be
				denied in all respects.
(g) The
				director shall make a determination in respect of such matters as are
				authorized to be made by him under subdivision (a) of this section, within six
				months after the application is submitted to him in complete form. Should the
				director require additional information, time to render his decision is
				extended by the time required for the cemetery to comply with such
				request.
(h)
(1) A party aggrieved by an order or
				determination of the Cemetery Board, made pursuant to sections 1509 (a)-(e) and
				1511 (a)  of the Not-for-Profit Corporation Law, may file a protest with the
				Cemetery Board within 30 days after the effective date of such order or
				determination.
(2) The time to file
				a protest may be extended by the Cemetery Board for good cause shown, but
				solely in the discretion of the board.
(3) The protest shall specify the objections
				to the order or determination. The protest may include a request for a hearing,
				in which event the board shall grant a hearing to be held within a reasonable
				time thereafter.
(4) After formal
				proof is introduced at such a hearing by the party aggrieved, then at the
				request of such party, the official data and calculations on which the board's
				order or determination was based shall be made available to the
				applicant.
(5) At least 10 days'
				written notice of the time and place of a hearing shall be given by the
				Cemetery Board to the applicant requesting the same at its principal place of
				business. Such applicant may be represented by counsel at such hearing. The
				Cemetery Board or any member of the board, or deputy or other person duly
				authorized by the board, may hold and conduct such hearing, and shall have the
				power to administer oaths and take testimony.
(6) Hearings shall be held at such place or
				places as the board may designate.
(7) A full record of the proceedings of every
				hearing shall be taken. Such record, together with the recommendations of the
				hearing officer, if the hearing is not conducted by the board, shall be
				referred as soon as practicable to the board for review and decision, all of
				which shall be deemed a part of such record. The cost of the stenographic
				record of such hearing shall be borne by the applicant.
(8) Within a reasonable time after the
				conclusion of a hearing held pursuant to this section, the board shall make its
				final order or determination in the matter. A copy thereof shall be mailed to
				the applicant and to its counsel, if any.