Current through Register Vol. 46, No. 39, September 25, 2024
(a) Grounds for appeal of decisions of the
Public Advisory Council.
(1) Any person
required to file an annual statement, whose written request for deletion of one
or more items of information has been denied in writing by the Public Advisory
Council, may file with the commission pursuant to these rules a written appeal
of the denial within 15 days after receipt of the denial.
(2) Any person required to file an annual
statement, whose written request to the Public Advisory Council for exemption
from any requirement to report one or more items of information which pertain
to the person's spouse or unemancipated children has been denied in writing by
the Public Advisory Council, may file with the commission pursuant to these
rules a written appeal of the denial within 15 days after receipt of the
denial.
(b)
Confidentiality of information related to public advisory council decisions.
Following the filing of a notice of appeal pursuant to these rules, the
commission shall keep confidential all information which is the subject of the
appeal. The reporting individual may request within 5 days after receipt of an
adverse determination by the commission, and upon such request the commission
shall provide, that any information which is a part of the appeal remain
confidential for a period of 30 days following notice of the 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.
(c) Notice and procedure for appeal from an
adverse Public Advisory Council decision.
(1)
A notice of appeal must be filed with commission within 15 calendar days after
receipt by the appellant of an adverse determination by the Public Advisory
Council. The notice of appeal must be in writing and shall be addressed to the
commission at the address provided in a notice accompanying the determination
by the Public Advisory Council. That notice shall also include information
concerning the procedure for appeals.
(2) Upon receipt of the notice of appeal, the
executive director, on behalf of the commission, shall issue a notice of
docketing, which shall set forth a time and date for submission of written
arguments and documentary evidence to the commission in support of the
appellant's position. This time and date shall be no sooner than 15 days, and
no later than 30 days, after the commission's receipt of the notice of
appeal.
(d) Record on
appeal.
(1) The commission shall consider the
record provided by the Public Advisory Council and the written submissions of
the appellant in making a determination on the appeal of an adverse
determination. The commission may request additional information to be filed by
the appellant.
(2) The formal rules
of evidence shall not apply in the appeals process.
(3) The burden is on the appellant to show
that the Public Advisory Council made an erroneous determination in deciding
not to grant appellant's deletion or exemption request.
(4) Decision on appeal from Public Advisory
Council decisions.
(i) The commission shall
review the written appeal filed pursuant to these rules and shall render a
decision based upon the entire record submitted to the Public Advisory Council
and the written submission of the appellant to the commission on
appeal.
(ii) The written decision
of the commission shall affirm or reverse the decision of the Public Advisory
Council or shall remand the proceeding or dismiss the request. The commission's
decision shall, as appropriate, set forth a concise statement of the reasons
for the commission's decision and shall be issued within 60 days after the
commission's receipt of the written notice of appeal, or as soon thereafter as
possible.
