N.Y. Comp. Codes R. & Regs. tit. 9 § 6203.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 6203.3 - Provisions related to subpoena authority oversight

(a) Any person to whom a subpoena is directed pursuant to sect ion 6203.1 of this part, may, prior to the time specified therein for compliance, but in no event more than seven business days after the date of receipt of such subpoena, apply to the state board to quash or modify such subpoena authority delegated to the chief enforcement counsel, accompanying such application with a brief statement of the reasons therefor. Applications to quash shall be filed with the State Board of Elections, Counsel's Office, 40 North Pearl Street, Suite 5, Albany, NY 12207 or by email sent to the co-executive directors. Any such application shall be deemed sufficiently stated for consideration if it reasonably sets forth in general terms the grounds the application is based upon and a copy of the subpoena itself.

(b) Upon receiving an application to quash or modify, Counsel's Office shall send notice, by mail and e-mail whenever possible, to t he movant and the chief enforcement counsel. Such notice shall specify when and where a hearing shall be held. Such hearing shall be conducted by a hearing officer of the State Board of Elections appointed pursuant to part 6218. A report with the hearing officer's recommendation shall be delivered to the office of counsel, and counsel shall provide such report to the board. The board shall render a final determination, where the board may:

(i) deny the application, or

(ii) rescind, amend or modify the subpoena. All steps in this process shall be completed as soon as possible. The Board shall be presented with such findings within forty-eight hours of the hearing officer delivering such report to the co-counsels of the Board. Until a decision is issued with regard to any application made under this section, all requirements to comply with the subpoena shall be stayed and the expiration of the subpoena shall be likewise tolled. A decision by the board shall be issued within thirty days after an application is made unless such time period is extended by a majority vote of the commissioners.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 6203.3

Adopted New York State Register September 19, 2018/Volume XL, Issue 38, eff. 9/19/2018