§ 1-06 Right to Reconsideration or Appeal.
RCNY § 1-06
(a)Reconsideration.
(1)In the event an applicant is denied artist's certification by the Commissioner, the applicant shall have the opportunity either to (i) withdraw the application, (ii) request that it be reconsidered, in which case the applicant shall submit additional material in support of the application, or (iii) request an immediate appeal of the Commissioner's denial of certification. If within 30 days of the date notice of such denial is given, the Artist's Certification Coordinator has not been notified that the applicant requests either reconsideration or appeal, then the application shall be considered withdrawn. An applicant denied certification whose application has been withdrawn after the initial determination by the Commissioner may submit a new application for certification at any time.
(2)Should an applicant who has been denied certification request reconsideration of his or her application, after the Artist's Certification Coordinator determines that all relevant additional information has been submitted, such application shall be presented to the Committee for reconsideration at the next regularly scheduled meeting. Reconsideration of an application shall be governed by the same procedures set forth herein as to the initial submission of an application.
(b)Appeal.
(3)Following determination of the appeal, the Coordinator shall return the materials submitted in support of the application to the applicant in accordance with the procedures set forth in 58 RCNY § 1-04(c)(7). Supporting materials which have not been picked up within four months of the date of the Commissioner's determination of the appeal may be disposed of at the discretion of the Coordinator.
(4)The decision of the Commissioner with reference to a particular appeal shall be considered to be the final determination of the relevant application for purposes of Article 78 of the New York Civil Practice Law and Rules.
