§ 5.21 Appeal to Board; Stay of Action.
RCNY § 5.21
(a)Service of notice of appeal. When the Commissioner orders that a permit be revoked or suspended for reasons other than the discontinuance, sale or transfer of the business, occupation, trade or other matter for which the permit was issued, or refuses to issue or renew a permit, or when a provision of this Code specifically authorizes an appeal to the Board, the applicant or permittee may appeal such action to the Board by serving a notice of appeal upon the Secretary of the Department within ten business days following the service of an order or other notice of the action of the Commissioner.
(b)Contents of notice of appeal. The notice of appeal shall be addressed to the Board and shall contain: (1) The full name of the applicant or permittee; (2) The type of permit issued or for which application was made; (3) The place of business listed in the application or permit; (4) The date of the application; (5) The date of the action and the nature of the action taken by the Commissioner; (6) A statement that the applicant or permittee appeals to the Board to review the action of the Commissioner; and, (7) The signature of the applicant or permittee or, if the permittee is not an individual, the signature and title of a partner or other individual of the partnership or group permittee, or of an officer of a corporate permittee.
(c)Perfecting an appeal. Within ten business days following service of the notice of appeal, the applicant or permittee shall submit a memorandum addressed to the Board specifying the objections to the action of the Commissioner. The Department shall prepare and submit a memorandum in reply to the Secretary with a copy to the permittee, no later than ten days after receipt of the permittee's memorandum. No additional replies or sur-replies shall be accepted. The Secretary shall submit all memoranda, exhibits, and a ballot to the attention of the individual members of the Board within ten business days after the issuance of the Department's memorandum. Individual Board members shall mark their ballots, voting to grant or deny the appeal, or to abstain from voting, and return the ballots to the Secretary as soon as practicable after marking the ballots. The Secretary shall notify the permittee of the Board's action, and such notification shall constitute a final agency determination.
(d)Closure for public health or imminent health hazards.
(1)Temporary closures. There shall be no appeal to the Board if the Commissioner or designee orders the temporary closure of any permitted activity, business or facility and temporary suspension of its permit because of uncorrected public health or imminent health hazards.
(2)No reopening after hearing. A permittee ordered closed for public health or imminent health hazards shall remain closed during OATH hearing proceedings and during the pendency of any appeal to the Board.
(e)Closure for other than public health or imminent health hazards. In all other appeals, unless the Board orders that the action of the Commissioner remain in full force and effect during the pendency of an appeal, such action shall be stayed by the effective service of a notice of appeal until final determination by the Board.
