Current through Register Vol. 46, No. 39, September 25, 2024
When granting authority to the chief enforcement counsel to
exercise the powers which the board is otherwise authorized to exercise
pursuant to subdivision five and six of section 3-102 of this the Election Law,
the following provisions shall apply:
(a) Vote within twenty days. The board shall
vote on whether to grant or refuse to grant such authority no later than twenty
days after the chief enforcement counsel makes a request for such authority. A
request shall be deemed made when the memorandum and proposed subpoena(s)
required by paragraph (d) of this section are received by the
commissioners.
(b) Participation in
determinations. For purposes of considering and voting on such request, the
chief enforcement counsel shall be entitled to participate in all matters
related thereto and shall vote on the board's granting or refusal to grant such
request only when there is a tie vote.
(c) No vote within twenty days or granting of
authority. Should the board not vote on such request within twenty days of its
submission, or grant the chief enforcement counsel's request, the chief
enforcement counsel shall be so empowered to act pursuant to subdivisions five
and six of section 3-102 of the Election Law. Any such action
by the Chief Enforcement Counsel shall comply with the requirements of this
section.
(d) Request for subpoena
authority. An application by the chief enforcement counsel seeking authority
from the board to issue a subpoena, shall be sent to the commissioners and
co-executive directors whenever possible at least one week prior to a vote and
shall include:
(1) a memorandum explaining
the circumstances surrounding the investigation, reciting the section(s) of the
Election Law that have allegedly been violated, and how any documents,
testimony or other materials returned pursuant to a subpoena issued in the
matter would be relevant and material to the investigation;
(2) the name(s) of the person(s) and/ or
entity(ies) that will be served the proposed subpoena(s); and,
(3) a copy of the pro posed subpoena(s) to be
issued should the authority to issue be granted. Nothing in this subsection
shall limit the chief enforcement counsel's ability to limit the scope of an
issued subpoena or extend the response date of an issued subpoena at the
request of a person or entity named therein.
(e) Scope of Authority.
(1) A request for subpoena authority shall be
directly related to a particular investigation. A grant of subpoena authority
shall not include authority to issue subpoenas other than to those persons or
entities identified in the application for such subpoena unless the board
specifically grants such blanket authority.
(2) When the chief enforcement counsel
applies for authority to issue a subpoena, the Board may authorize the chief
enforcement counsel to is- sue subpoenas requiring the attendance and testimony
of any person by deposition and to issue subpoenas duces tecum for the
production of documentary or other tangible evidence in connection with and
reasonably related to a lawful investigation.
(3) As a condition of granting subpoena
authority to the chief enforcement counsel, the board reserves the right, upon
the motion of any one Commissioner, to rescind or further condition subpoenas
or subpoenas duces tecum, by a majority vote of the board. When the board
considers whether to rescind or further condition a subpoena or subpoena duces
tecum, the chief enforcement counsel shall be entitled to participate in any
discussion and may vote only if there is a tie vote.
(4) As a condition of granting authority to
exercise the powers which the board is otherwise authorized to exercise
pursuant to subdivision five and six of section 3-102 of the Election Law to the chief
enforcement counsel, such authority to so act shall expire six months after the
date authority is granted by the board unless the resolution approving such
authority provides for a longer duration, and any subpoenas or subpoenas duces
tecum shall be deemed expired six months after authority is granted by the
board unless the resolution approving such subpoenas provides for a longer
duration; provided, further, that if the board did not vote within twenty days
of its submission, then the chief enforcement counsel's initial authority to
act without a vote, shall expire ninety days after the chief enforcement
counsel was empowered to exercise such authority, and any subsequent subpoenas
or subpoenas duces tecum involved in that matter shall be brought to the Board
for action pursuant to the above provisions after the expiration of the ninety
day period.
(5) For any authority
to exercise the powers which the board i s otherwise authorized to exercise
pursuant to subdivision five and six of section 3-102 of this the Election Law
granted to the chief enforcement counsel prior to the effective date of this
section, such authority and any subpoenas issued pursuant to such authority
shall expire six months after the effective date of this regulation.
(6) Nothing in this section shall prohibit
the chief enforcement counsel from making an application to renew authority to
exercise powers with respect to any ongoing matter, which the board is
otherwise authorized to exercise pursuant to subdivision five and six of
section 3-102 of this the Election Law.
