A petition for modification of abatement date shall be filed with the Commissioner of Labor by mailing or delivering the petition to the district supervisor of the Public Employee Safety and Health Bureau, Division of Safety and Health, New York State Department of Labor, in the district that issued the notice of violation and order to comply no later than the close of the next working day following the expiration date of the abatement period. A petition filed after that date shall be accompanied by the petitioner's statement of exceptional circumstances explaining the delay. For good cause shown, a petition filed after the time allowed may be accepted by the commissioner.
N.Y. Comp. Codes R. & Regs. Tit. 12 § 804.3