§ 19.1-01.5 Appeals of Commissioner's Orders.
RCNY § 19.1-01.5
(a)Within the time specified for compliance in a commissioner's order issued pursuant to Chapter 5-A of the Administrative Code of the City of New York, or as otherwise specified in the order, the party named in the order may submit a written statement appealing the commissioner's order to the department in the manner specified in the order except that the time for appeal of a commissioners order shall not be less than 10 days from the date of service of such order.
(b)In the event that the department determines that non-compliance with the order poses a significant risk of imminent harm to public health or safety or to the environment, the party will be notified and will be required to comply with the order in the specified time, or within an alternative time specified by the department, notwithstanding that an appeal is taken.
(c)The department must review appeals and make a final written determination regarding the appeal within a reasonable period of time. The department will mail final determinations to the party named in the order.
(1)If the department sustains an appeal in whole or in part, then the stated terms of the final determination on appeal will replace the original requirements of such order.
(2)If an appeal is denied, the final determination will specify a reasonable period of time for compliance based on the circumstances, except in the case of an order where compliance is required at an earlier time as described in subdivision (b) of this section. The final determination by the department is subject to review pursuant to article 78 of the civil practice laws and rules. (Added City Record 4/1/2019, eff. 6/1/2019)
