N.Y. Comp. Codes R. & Regs. tit. 19 § 931.4

Current through Register Vol. 46, No. 41, October 9, 2024

Section 931.4 - Conditions for Approval

(a) An approving authority may approve a request for an official activity expense payment or service payment provided the following conditions are met:

(1) The official activity expense payment or service payment covers only the period of time that the covered person is reasonably required to be present for such official activity.

(2) If the official activity expense payment or service payment is offered by or on behalf of an interested source, all of the following criteria must be met:

(i) It is not reasonable, under the circumstances, to infer that the official activity expense payment or service payment was intended to influence the covered person in the performance of his or her official duties.

(ii) The official activity expense payment or service payment could not, under the circumstances, reasonably be expected to influence the covered person in the performance of his or her official duties.

(iii) The official activity expense payment or service payment is not, under the circumstances, intended as a reward for any official action on his or her part.

(3) The official activity expense payment, if not made by the offeror, could be lawfully paid by the State agency in accordance with its travel policy.

(4) The official activity expense payment is made on behalf of the covered person at a rate not greater than the rate at which the State agency would pay or reimburse the covered person under its travel policy.

(5) The approving authority determines that the offeror is not being used to conceal that the official activity expense payment or service payment is actually offered or paid by an interested source.

(6) The official activity and the corresponding official activity expense payment or service payment is consistent with Public Officers Law section 74.

(b) If a covered person's official activity includes a service and an offer for a service payment, in connection with such official activity, the approving authority shall approve the service payment provided such official activity comports with the conditions set forth in this section. The approving authority shall direct that such service payment shall be made directly to the general fund of the State or to such fund as is appropriate for a public authority, public benefit corporation, or commission not funded through State general fund appropriation.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 931.4

Adopted, New York State Register, Volume XXXVI, Issue 24, effective 6/18/2014