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Administrative Review Request Form New York
In New York, individuals may challenge agency decisions through an administrative review request form. This document is used to request a review of agency actions believed to violate one’s legal rights or interests. This article explains the procedures for preparing, submitting, and processing the form under New York State administrative law.
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1. Administrative Review Request Form New York: What It Is
An administrative review request form is submitted when someone believes a New York agency has taken an unlawful or unjust action that infringes on their rights. It is a prerequisite for judicial action in most cases, allowing the agency itself or an independent tribunal to re-examine its prior decisions.
Administrative Review Request Form New York: Examples of Eligible Actions
Common agency actions that may be reviewed include:
- Suspension or revocation of licenses (e.g., driver's license)
- Denial of public assistance or benefits
- School disciplinary sanctions
- Failure to approve building permits
These actions are considered “final determinations” and are eligible for administrative review under the New York State Administrative Procedure Act (SAPA).
Administrative Review Request Form New York: Types of Review
In New York, the following types of reviews are recognized:
- Reversal or Amendment Review: Seeks to cancel or modify an administrative decision.
- Declaration of Invalidity: Asks for a formal declaration that a prior decision has no legal effect.
- Mandated Action Request: Seeks to compel an agency to act where it unlawfully refused.
Each review must be grounded in legal reasoning and be supported by relevant documentation.
2. Administrative Review Request Form New York: How to Draft
The form must be filled out completely and accurately. Below is a guide to each section typically required:
Petitioner Information
Name, current address, phone number.
For organizations: legal entity name and business address.
Multiple petitioners must all be named individually.
Respondent Agency
The name of the agency that issued the contested action (e.g., NYC Department of Health).
Jurisdictional Body
Identify the review board or tribunal with authority (e.g., Office of Administrative Hearings).
Action Being Contested
Provide the date, description, and nature of the agency’s action (e.g., “Revocation of liquor license issued June 1, 2025”).
Date of Awareness
State when the petitioner became aware of the agency’s decision.
In New York, the deadline for filing is typically 60 days after receiving notice unless a shorter period is imposed by statute.
Statement of Relief Sought
Clearly outline what the petitioner wants (e.g., “Request for reinstatement of permit” or “Request to cancel disciplinary action”).
Basis of the Request
Provide supporting reasons for why the action was illegal or unreasonable.
Legal references are encouraged but not required.
Petitioner may attach additional pages for detailed arguments.
Disclosure of Appeal Notices
Indicate whether the agency informed the petitioner of their right to file for review.
If yes, include the date and content of that notice.
Supporting Documents
Include any relevant letters, notices, or evidence proving the agency's action was in error.
Signature and Certification
The petitioner must sign and date the form.
For group filings, each petitioner must sign separately unless represented by counsel.
3. Administrative Review Request Form New York: What Happens After Submission
Once submitted, the process continues as follows:
Submission Confirmation
Two copies of the completed form must be filed: one with the relevant agency, one with the review tribunal.
Online submission may be available depending on the tribunal.
Agency Response
The agency responds with a written explanation or rebuttal, typically within 15–30 days.
Scheduling of Review
The tribunal will schedule a hearing date or notify both parties of a decision timeline.
Petitioners may request a personal hearing or opt for written review only.
Hearing and Arguments
If a hearing is granted, petitioners may present oral arguments.
Representation by a legal professional is allowed but not mandatory.
Outcome Notification
A decision is issued within several weeks, depending on case complexity.
A formal written ruling will be sent by mail or electronically.
Administrative Review Request Form New York: Cases Rejected at Filing
Not every review request is accepted. Typical reasons for dismissal include:
- The action was not issued by a recognized administrative agency.
- The matter is not reviewable (e.g., policy suggestions or personal grievances).
- The agency action has already been nullified or reversed.
- A final ruling on the same issue has already been issued.
These situations result in the request being “dismissed on jurisdictional grounds.”
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
