§ 16-05 Appeals.
RCNY § 16-05
Where certification has been denied, an applicant for a Special Vehicle Identification Parking Permit may appeal such determination. Such request for appeal must be made within thirty business days of service of the decision denying the certification upon the applicant on a form received with the decision. Where the denial of certification was based upon a determination/finding that the medical history of the person does not support a finding of a "permanent disability seriously impairing mobility", the Department shall provide for a review of the file by a physician other than the physician who denied such certification. Where such denial was based upon clinical findings, or where the clinical findings were inconsistent with the medical history of the person, the Department shall provide a second assessment, which may include a physical examination by a physician selected by the Department other than the physician who denied certification. The applicant/appellant shall not be precluded from engaging an outside medical expert or specialist for purposes of his or her appeal. The results of any examination performed by such specialist and his or her conclusions shall be made part of the appeal record. The Department, or provider designated by the Department, may also provide a second assessment by a specialist when deemed necessary by the physician/provider. The results of the examination by this specialist shall also be made part of the appeal record. The determination of such appeal shall be final when it is adopted by the Department. A final determination denying certification shall preclude the filing of a Special Vehicle Identification Parking Permit application for the same condition by or on behalf of such person unless such person demonstrates that the condition has significantly worsened.
