§ 75 — Appeals

New York § 75

• Jurisdiction: New York
• Law DEA: Defense Emergency Act 1951 784/51
• Art. 5: Power of Dispensation From Certain Limitations of Law

Text

§ 75. Appeals. Any person in interest who is aggrieved by any\ndetermination of the industrial commissioner with respect to an\napplication for or grant, denial or revocation of a dispensation under\nthis article may appeal to the New York state board of standards and\nappeals. Such an appeal may be taken within twenty days after the date\nnotice of such determination is given to the applicant by such\ncommissioner. The applicant for the dispensation shall have the burden\nof proving that the granting or continuance of a dispensation is\nwarranted in his particular case. The board is hereby authorized to\naffirm, reverse or modify any determination of the industrial\ncommissioner under this article. The board shall order a hearing if it\ndeems a hearing necessary in order to enable it to decide the issues\nraised. In a case where a hearing is not so ordered, the board may\ndecide the appeal upon written submissions. The determinations of the\nboard upon questions of fact shall be conclusive. Within twenty days\nafter notice of the determination of the board is given to the\napplicant, an appeal may be taken upon questions of law to the appellate\ndivision of the supreme court, third department. The filing of a\npetition of appeal with the board of standards and appeals in accordance\nwith that board's rules of procedure, or the filing of a notice of\nappeal with such court, shall not stay the determination of the\nindustrial commissioner under this article.\n