N.Y. Comp. Codes R. & Regs. tit. 9 § 6218.3

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

Section 6218.3 - Commencement of Election Law section 3-104 proceedings

(a) Adjudicatory proceedings pursuant to section 3-104 of the Election Law shall be commenced when the chief enforcement counsel requests the assignment of a hearing officer, serves a notice of hearing and the report of the chief enforcement counsel (report) upon the respondents and provides the report to the assigned hearing officer. The report, which is also the complaint initiating the adjudicatory process, shall consist of:

(1) a statement of the legal authority and jurisdiction under which the proceeding is to be held;

(2) a reference to the particular sections of the statutes, rules, regulations or opinions of the State Board involved;

(3) a plain and concise statement of the facts constituting the alleged unlawful violation of the Election Law;

(4) a statement pursuant to 3-104 of the Election Law as to whether substantial reason exists to believe a violation of the Election Law has occurred and, if so, the nature of the violation and any applicable penalty, based on the nature of the violation; whether the matter should be resolved extra-judicially; and whether a special proceeding should be commenced in the supreme court to recover a civil penalty;

(5) a statement that interpreter services are available if needed.

(b) The notice of hearing shall provide the respondent at least 20 days from the date of service in which to file a written answer to the report. The notice of hearing shall state that an in-person hearing date and time will be set by the hearing officer only if such a hearing is requested in the written answer. The notice of hearing shall state failure to answer shall constitute a waiver of respondent's right to an administrative in-person hearing pursuant to this Part.

(c) The report shall be served by personal service consistent with the Civil Practice Law and rules or by certified mail. When by certified mail, service shall be complete when the notice of hearing and report are received by respondent.

(d) Respondent may, at his or her option, serve an answer within 20 days after service of the notice of hearing and report, denying such report of charges and interposing affirmative defenses, if any. If the respondent shall fail to answer, all charges in the report shall be deemed denied, and the hearing officers shall proceed to consider the report without conducting an in-person administrative hearing. The chief enforcement counsel, on notice to the hearing officer, may consent to an extension of time for respondent to answer the report of the chief enforcement counsel. If the chief enforcement officer denies the request for an extension, the hearing officer may grant such extension for good cause shown.

(e) The hearing officer shall, if an in-person hearing is requested in the answer, notify the respondent of the date and time of the hearing by mail and, if provided, email. The date of the hearing shall be not less than 10 business days after the receipt of the answer. If the time to answer has passed and no answer was served, the hearing officer shall thereafter review and consider the report of the chief enforcement counsel as if all of the accusations therein had been denied by the respondent and make findings of fact and conclusions of law as required by this Part.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 6218.3

Adopted New York State Register November 10, 2015/Volume XXXVII, Issue 45, eff. 11/10/2015