21 CRR-NY 1002.16NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 21. MISCELLANEOUS
CHAPTER XXI. METROPOLITAN TRANSPORTATION AUTHORITY
SUBCHAPTER A. ALL-AGENCY RULES AND REGULATIONS
PART 1002. PROMPT PAYMENT
MISCELLANEOUS
21 CRR-NY 1002.16
21 CRR-NY 1002.16
1002.16 Review.
(a) Any determination made by the corporation pursuant to this Part that prevents the commencement of or interrupts the time in which interest will be paid shall be subject to administrative review. A contractor aggrieved by any such determination of the corporation shall, within 30 calendar days of the date of the determination or the payment of the invoice, whichever is later, submit a notice of intention to make a claim for interest in writing to the comptroller of the corporation. The notice of intention to make a claim for interest shall include an identification of the contract, by date and number, under which the claim is made, the date on which a proper invoice was submitted, or on which the goods or services were delivered, or on which payment was otherwise due, the reason given by the corporation, if any, for why commencement of the time in which interest was to be paid was prevented or interrupted, and the facts and circumstances which, in the contractor's opinion, show that the commencement of the time in which interest was to be paid should not have been prevented or interrupted.
(b) A notice of intention to make a claim for interest under this section must be received by the comptroller of the corporation no later than 30 days from the determination of the corporation being challenged or the payment of the invoice, whichever is later. Within 30 calendar days of timely receipt of a proper and complete notice of intention to submit a claim for interest, the comptroller of the corporation shall either deny the claim or grant the claim in whole or in part. If the comptroller grants the claim in whole or in part, the corporation shall, within seven calendar days, excluding legal holidays, pay the contractor the additional interest to which he is entitled. A failure by the comptroller to rule on a claim within this section within 30 calendar days shall be deemed a denial of such claim.
(c) A determination by the comptroller of the corporation adverse to the contractor either in whole or in part shall be subject to judicial review in a proceeding pursuant to article 78 of the Civil Practice Law and Rules. No determination by the corporation under this Part which has not first been reviewed by the comptroller of the corporation pursuant to this section shall be subject to judicial review.
21 CRR-NY 1002.16
Current through July 15, 2021
End of Document