New York Codes, Rules and Regulations
Title 19 - DEPARTMENT OF STATE
Chapter XX - Commission on ethics and lobbying in Government
Part 941 - Adjudicatory Proceedings and Appeals Procedure
Section 941.17 - Appeals from Executive Director's denials related to financial disclosure statements
Universal Citation: 19 NY Comp Codes Rules and Regs ยง 941.17
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Grounds for appeal.
(1) Any person required
to file a financial disclosure statement whose written request for deletion of
one or more items of information as provided in Executive Law § 94(9)(h) has
been denied in writing by the Executive Director, may file a written appeal of
such denial, called a notice of appeal, as provided in Subpart 941.17(d) of
this Title.
(2) Any person required
to file a financial disclosure statement whose written request for exemption
from any requirement to report one or more items of information that pertain to
such person's spouse, domestic partner, or unemancipated children as provided
in Executive Law § 94(9)(i) has been denied in writing by the Executive
Director, may file a written appeal of the denial, called a notice of appeal,
as provided in Subpart 941.17(d) of this Title.
(3) Any person required to file a financial
disclosure statement whose written request for exemption from any requirement
to report items of information that pertain to representation of a client as
provided in Public Officers Law § 73-a(3)(8)(b-1), (b-2), or (c) has been
denied in writing by the Executive Director, may file a written appeal of the
denial, called a notice of appeal, as provided in Subpart 941.17(d) of this
Title.
(4) Any person eligible
under Executive Law § 94(9)(k) to apply for an exemption from filing a
financial disclosure statement whose written request for exemption from such
filing requirement has been denied in writing by the Executive Director, may
file a written appeal of the denial, called a notice of appeal, as provided in
Subpart 941.17(d) of this Title.
(b) Confidentiality of information related to the Executive Director's denials.
(1) Pending
any application for deletion or exemption to the Executive Director or notice
of appeal filed with the members of the Commission, all information which is
the subject or a part of the application or appeal shall remain confidential.
Upon an adverse determination by the members of the Commission, the reporting
individual may request, within five (5) calendar days of receipt of an adverse
determination, and upon such request the Commission shall provide, that any
information which is the subject or part of the application remain confidential
for a period of thirty (30) days from the date of notice of such determination.
In the event that the reporting individual resigns from office and holds no
other office subject to the jurisdiction of the Commission, the information
shall not be made public and shall be expunged in its entirety from (or in the
case of client information, not made part of) the financial disclosure
statement.
(c) Requirement to file a financial disclosure statement pending the Commission's consideration of the appeal of a request for exemption from the requirement to file, pursuant to Part 935 of this Title.
(1)
Pending any notice of appeal filed with the members of the Commission, the
applicant or appellant is not required to file the financial disclosure
statement.
(d) Notice and procedure for appeal.
(1) A notice of appeal
must be filed with the Commission within fifteen (15) calendar days of receipt
by the appellant of a denial by the Executive Director. The notice of appeal
must be in writing, must provide a clear statement of the reasons for appeal,
and shall be addressed to the Chair of the Commission at the address provided
on a document accompanying the denial by the Executive Director which shall
include such information and the procedure for appeals.
(2) Upon receipt of the notice of appeal by
the Commission, the Chair, or his/her designee, shall issue a notice of
docketing which sets forth a time and date for submitting written arguments and
documentary evidence in support of the appellant's position that shall be no
sooner than fifteen (15) days after receipt of the notice of appeal and no
later than thirty (30) days thereafter.
(e) Record on appeal.
(1) The members of the Commission shall
consider the record provided by the Executive Director and the written
submissions of the appellant in making a determination on the appeal of the
Executive Director's denial. The members of the Commission may request the
appellant to file additional information.
(2) The formal rules of evidence shall not
apply in the appeals process.
(3)
The burden is on the appellant to show that the Executive Director made an
erroneous determination in deciding not to grant appellant's deletion or
exemption request.
(f) Decision on appeal.
(1) The members of the
Commission shall review the written appeal filed pursuant to these rules, and
shall render a decision by a majority vote of the total number of members of
the Commission without vacancy. Such decision shall be based upon the entire
record submitted to the executive director and the written submission of the
appellant.
(2) The written decision
of the members of the Commission shall affirm, reverse, remand and/or dismiss
the decision of the Executive Director and, as appropriate, shall set forth a
concise statement of the reasons for the Commission's decision and shall be
issued within sixty (60) days of the receipt of the written notice of appeal
filed with the Commission pursuant to these rules, or as soon thereafter as
possible.
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