N.Y. Comp. Codes R. & Regs. tit. 10 § 710.10

Current through Register Vol. 46, No. 45, November 2, 2024

Section 710.10 - Cancellation, withdrawal and annulment of approvals

The failure, neglect or refusal of the applicant, in manner and detail as required by this Subchapter, to conform to the requirements hereinbelow set forth shall result in the cancellation, withdrawal or annulment of any or all prior approvals issued to the applicant concerning the subject application:

(a) Failure to commence and complete construction, within the time period determined under section 710.2 of this Title, which time period shall commence on the date of approval or contingent approval of the application, project scope and concept, shall constitute an abandonment of the application and any such approval or contingent approval shall be deemed cancelled, withdrawn and annulled without further action of the commissioner.

(b) Any applicant, regardless of reason, requesting to change the date on which construction is to begin or end shall file a request with the commissioner setting forth the change in date and the reasons for the change. The approval of the commissioner must be obtained for any such change. A change in the date of commencement or completion of construction is not an amendment to an application pursuant to section 710.5 of this Title.

(c)

(1) The failure, neglect or refusal of an applicant to submit documentation or information, within the stated time frame, to satisfy a contingency imposed by the commissioner in conjunction with the proposal to approve an application shall constitute and be deemed an abandonment or withdrawal of the application by the applicant without the need for further action by the commissioner.

(2) When an applicant submits documentation or information, within the stated time frame, in an attempt to satisfy a contingency imposed by the commissioner, but the department does not consider the documentation or information sufficient to satisfy the contingency, the department will so notify the applicant in writing and inform the applicant of the reasons why the documentation or information is not considered sufficient to satisfy the contingency. The applicant shall have 30 days from the date or receipt of the department's notice to submit to the department additional or amended documentation or information to correct the deficiencies and satisfy the contingency. The failure to submit such documentation or information within the 30-day time period shall constitute and be deemed an abandonment or withdrawal of the application by the applicant without the need for further action by the commissioner. If additional or amended documentation or information is submitted within the 30-day time period but the department still does not consider it sufficient to satisfy the contingency, the applicant will be so notified in writing, the application shall be proposed for disapproval, and the applicant shall be afforded the opportunity to request a hearing.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 710.10