§ 20-05 Issue Resolution Process.
RCNY § 20-05
a. Purpose. The purpose of the issue resolution process established pursuant to this section is to provide explanations of HRO's determinations and address disagreements in a timely manner. The issue resolution process contains two steps: 1. If an applicant to a program established by this Chapter disagrees with a specific written HRO determination regarding their application, the applicant may file a Request for Review within 14 calendar days from the date of the determination (unless the determination specifically provides for an alternative form of dispute resolution). An applicant applying to be admitted to a Contractor Verified List who received a determination regarding their application prior to the effective date shall be sent a notice from HRO within 30 calendar days of the effective date of such rule informing such applicant that they may file a Request for Review of their original determination within 14 calendar days of the date of such notice (unless such notice specifically provides for an alternative form of dispute resolution).
2.If an applicant disagrees with the outcome of their Request for Review, the applicant may file an Appeal with HRO within 14 calendar days from the date of the written resolution to the applicant's Request for Review. b. Unwritten Determinations.
1.When HRO makes eligibility, award, or removal determinations regarding the programs established by this Chapter, it will do so in writing. If an applicant to any such program believes that any such determination was made without a written decision, the applicant may request that HRO provide such determination in writing.
3.An applicant may not file a Request for Review of a determination if the determination specifically offers the applicant a dispute resolution process other than a Request for Review, such as an opportunity to be heard after a preliminary determination of default on an agreement containing procedures for such an opportunity.
4.A Request for Review should: A. Be clearly labeled as a "Request for Review"; B. Attach copies of all documentation supporting the applicant's position, if any exist; and C. Clearly indicate what written decision (or portion thereof) the applicant disagrees with.
5.HRO will send an acknowledgment within 15 calendar days of receiving a completed Request for Review.
6.HRO may suspend processing of an application until a decision is reached on the Request for Review.
7.HRO will review the submission and make a decision.
8.A written response to the Request for Review will be mailed to the extent practicable within 15 calendar days, and no later than 30 calendar days after the date of receipt of the Request for Review, unless extenuating circumstances necessitate a delay.
9.In the event extenuating circumstances necessitate a delay, the Program will respond within 30 calendar days after the date of receipt of the Request for Review with an estimate of the amount of time needed for a response.
10.If a decision will not be rendered by the estimated date, the applicant will be notified with an updated deadline.
11.Requests for Review will result in one of three outcomes: A. Granted (in full or in part). If the Request for Review identifies an error, discrepancy, or omission on HRO's part, HRO will: (i) Produce and mail a Request for Review decision notification letter to the applicant, which will clearly state the date by which an applicant must file an appeal in order for it to be considered in the event that any aspect of the Request for Review was denied; (ii) Resume application processing in accordance with the terms of the decision notification letter; and (iii) Record the determination in HRO's system of record. B. Denied. If HRO determines that the specified decision was not made in error, HRO will: (i) Produce and mail a Request for Review decision notification letter to the applicant, which will clearly state the date by which an applicant must file an appeal in order for it to be considered; and (ii) Record the determination in HRO's system of record. C. Administrative Closure. If HRO determines that the challenge to the specified decision was procedurally improper, moot, or otherwise not subject to a formal determination, HRO will: (i) Produce and mail a decision notification letter to the applicant; (ii) Resume application processing (if necessary) in accordance with the terms of the decision notification letter; and (iii) Record the determination in HRO's system of record. e. Appeals. The second-level Appeal process is initiated only after an applicant's Request for Review of a written eligibility or award determination is denied, in full or in part. If an applicant chooses to file an Appeal, the following procedures apply: 1. The applicant has 14 calendar days from the date on the Request for Review decision notification letter to file an Appeal form, accompanied by any additional documentation that demonstrates that an HRO policy or procedure was misapplied, if applicable. Deadlines set forth in the Request for Review decision notification letter are not stayed merely because an applicant files or intends to file an Appeal form.
