19 CRR-NY 1205.5NY-CRR
19 CRR-NY 1205.5
19 CRR-NY 1205.5
1205.5 Practice of Boards of Review.
(a) Any person aggrieved may petition the boards of review for relief under this Part. The petition shall consist of the application prescribed by the Department of State and all information provided by the petitioner in support of it. The petition shall be delivered to the Department of State, together with copies in such number as the department may require, and shall be accompanied by payment of the fee specified in this Part.
(b) The department shall serve or cause the petitioner to serve copies of the petition received upon such other parties and persons as the department may determine. The department shall also cause notice of the receipt of any petition to be published in the State Register together with a summary of the petition. A petition shall be deemed received only after the department has determined that the information contained within it is minimally sufficient to state matters within the jurisdiction of the regional boards of review. In addition to any information required by other law, such notice shall also state where the petition may be reviewed and that interested persons may request actual notice of any hearing proposed to be held on the petition.
(c) The department shall review the filed petition to determine that it is complete. To be complete the petition shall state the nature of the grievance and the relief sought in sufficient detail as would permit the board to make a determination on the basis of the information contained within the petition. Such detail shall include as appropriate architectural drawings, site plans, descriptions of buildings and their histories, and an explanation of the facts supporting the criteria upon which petitioner relies as a basis for relief. If complete, the department shall transmit the petition, and any materials responsive to the petition, to the appropriate board for a decision on the written record or for a decision after a hearing. If incomplete, the department shall notify the applicant of the information required for completeness. If, after notice that the petition is incomplete, no additional information is forthcoming and the file has remained inactive for a period exceeding 90 days, the department may dismiss the matter for neglect to proceed, but without prejudice to any subsequent petition.
(d) In determining to which board of review a particular petition shall be transmitted, the department shall consider the region wherein the petition arises, the convenience of parties or witnesses, and whether the buildings and/or activities which are the subject of the petition are also subject to the provisions of subdivision (d) of section 1201.2 of this Title. The department may upon the request of a party, upon the request of a member of a board, or upon its own initiative transfer a petition to another board. The department may effect such transfer to correct a mistake in the choice of the forum, to avoid conflicts of interest or the appearance of impropriety, for the convenience of parties or witnesses, or for other good cause shown.
(e) A hearing under this Part shall be at the discretion of the department and the board. If a hearing is to be held, the department shall provide notice thereof to the parties, such interested persons as the department shall have been able to determine, and any other persons who have requested the same. The board may regulate the course of the hearing and require the presentation of evidence in such manner and order as may be most beneficial to the board. To the extent not inconsistent with this regulation and to the extent it advances the purposes of this Part, practice before the boards of review shall be guided by the Civil Practice Law and Rules.
(f) Whether or not a hearing is held and regardless of the form of the evidence and the manner of its presentation, the burden of proof shall be on the petitioner to show that he is entitled to any relief. The petitioner shall provide the board with facts which demonstrate the burden imposed by strict compliance and with facts as to the safety and propriety of any alternative to strict compliance.
(g) The board may state its decision in the record at any meeting of the board. The decision of the board shall be reduced to writing, subscribed to by the chairman, and shall set out the board's findings and conclusions and the relief granted, if any. Petitions shall be decided within 60 days of completeness unless a longer period is required for good cause shown. Copies of the written decision shall be provided to the parties within a reasonable time after the determination. A copy shall be provided to the Commissioner of the Division of Housing and Community Renewal and a copy shall be filed in and be available for public inspection and copying at the Department of State, which shall keep a record of all decisions properly indexed.
19 CRR-NY 1205.5
Current through October 31, 2021
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