N.Y. Comp. Codes R. & Regs. tit. 19 § 938.7

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

Section 938.7 - Public Disclosure of Exemption-Related Information

(a) The Commission shall publicly disclose the fact that a Client Filer has submitted one or more applications for an exemption or that one or more of a Client Filer's requests for an exemption has been granted or denied. Information submitted in connection with an application for exemption or in support of an appeal from a denial of an exemption shall be publicly disclosed. Notwithstanding the foregoing, Executive Law § 94(19)(a)(5), Legislative Law § 1-s, and any corresponding regulations, the Commission may, in its discretion, grant a request from a Client Filer to keep confidential certain exemption-related information when particular circumstances merit confidential treatment of such information, including, but not limited to, an ongoing investigation by a governmental body or an unwarranted invasion of personal privacy. The Commission may, nevertheless, disclose such information:

(1) to the judicial hearing officer assigned to an appeal of a determination under subsection 938.4(a) of this Title;

(2) to a court in a judicial review; or

(3) in response to any subpoena or court order.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 938.7

Amended, New York State Register May 21, 2014/Volume XXXVI, Issue 20, eff. 5/21/2014

Amended New York State Register February 15, 2017/Volume XXXIX, Issue 07, eff. 2/15/2017

Amended New York State Register May 9, 2018/Volume XL, Issue 19, eff. 1/1/2019