§ 23-04 Department Response and Appeals.
RCNY § 23-04
(a)Department response. Within 45 days of receiving a request for T declaration, the Department will notify the applicant, either in a letter or e-mail sent to the applicant's designated return mailing address or e-mail address, that: (1) the request is approved or denied, or (2) the request requires more than 45 days of review. If the request is denied, the Department will also notify the applicant of the basis for the denial and the process for appealing the denial ("Department denial letter or e-mail"). If the request requires more than 45 days of review, the Department will also provide a reasonable estimate of when a determination will be made.
(b)Appeals.
(1)Within 90 days of the date of the Department denial letter or e-mail, an applicant appealing a denial of a request for a T declaration must mail a typed or clearly printed letter to the Department's designated T declaration appeals office as specified by the Department denial letter or e-mail. The applicant's letter must state the basis for appeal and include with the letter a copy of the Department denial letter or e-mail.
(2)Within 60 days of receiving an applicant's letter appealing a denial, the Department will send a letter to the applicant's designated return mailing address notifying the applicant that the appeal: (i) is rejected and the initial denial is upheld; or (ii) is granted and the Department will issue a T declaration; or (iii) requires more than 60 days to review, in which case the Department will also provide a reasonable estimate of when a determination will be made. (Added City Record 1/31/2017, eff. 3/2/2017)
