N.Y. Comp. Codes R. & Regs. tit. 19 § 935.3

Current through Register Vol. 46, No. 51, December 18, 2024

Section 935.3 - Commission action

(a) All requests for Exemption shall be reviewed and decided in the initial instance by the Executive Director. A denial of a request for Exemption may be appealed to the Commission for reconsideration as described in Section 935.2.

(b) Upon receipt of a request for an Exemption from filing a Financial Disclosure Statement, the Executive Director shall review the material filed to determine whether the duties of the Title(s) or Job Classification(s) include any of the duties that are set forth in section 94 (k) of the Executive Law, without further inquiry. If no further information is required, the Executive Director shall render a decision on the request.

(c)

(1) Upon a determination that the Title(s) or Job Classification(s) do not include the duties that would otherwise exclude such an Exemption, the Executive Director shall, if he determines it is in the public interest, grant such Exemption on an individual, Title or Job Classification basis as requested, except as provided in paragraph (e)(3) of this subdivision.

(2) Upon a determination that the Title(s) or Job Classification(s) do include such duties, the Executive Director shall deny the request for an Exemption.

(d) The Executive Director shall notify the requesting individual or the Employee Organization or State Agency, as appropriate, of its determination on a request for Exemption.

(e) Once an Exemption has been granted to an individual, or to a Title or Titles, or to a Job Classification, an individual, as long as he or she serves in that Title or Job Classification, will not be required to submit a Financial Disclosure Statement in any subsequent year for which one would otherwise be required unless:

(1) the individual is appointed or promoted to a new Title or Job Classification in which such a filing is required; or

(2) the duties of the Title or Job Classification change to include duties that would preclude an Exemption from filing a Financial Disclosure Statement; or

(3) the individual serves in a position that is designated as policymaking by his or her Appointing Authority; or

(4) the Executive Director, upon review of the determination to grant such exception, determines the Exemption is no longer appropriate under the law or this rule and regulation; however, only the Commission may revoke an Exemption previously granted pursuant to an appeal under Part 941 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 935.3

Amended New York State Register June 6, 2018/Volume XL, Issue 23, eff. 6/6/2018