N.Y. Comp. Codes R. & Regs. tit. 19 § 941.2

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

Section 941.2 - Definitions

(a)Agency shall have the same meaning as "state agency" in Public Officers Law §§ 73, 73-a and 74 and Article 1-a of the Legislative Law.

(b)Appellant shall mean the recipient of a denial by the Executive Director for deletion or exemption of certain information from a financial disclosure statement or for exemption from filing a financial disclosure statement who wishes to appeal or has appealed that denial to the members of the Commission.

(c)Client Filer shall mean:

(1) Any client retaining or designating a lobbyist that is required to file a semi-annual report pursuant to Legislative Law § 1-j; or

(2) Any lobbyist registered pursuant to Legislative Law § 1-e whose lobbying activity is performed on its own behalf and not pursuant to retention by a client. (Such a lobbyist is considered its own client for reporting purposes.)

(d)Complainant shall mean an individual who submits a tip or complaint to the Commission regarding a violation of Public Officers Law §§ 73, 73-a or 74, Civil Service Law § 107 or Article 1-A of the Legislative Law.

(e)Executive director shall mean executive director of the Commission on Ethics and Lobbying in Government as appointed pursuant to Executive Law § 94(6)(a).

(f)Financial disclosure statement shall mean annual statement of financial disclosure which is required to be filed pursuant to Public Officers Law § 73-a.

(g)Hearing officer shall mean the independent hearing officer presiding over adjudicatory hearings designated pursuant to this Part and in accord with SAPA and shall include, and is synonymous with, the "independent arbitrator" referred to in Executive Law § 94(10)(i).

(h)Hearing shall mean any adjudicatory proceeding held by the Commission to determine whether a violation of Public Officers Law §§ 73, 73-a or 74, Civil Service Law § 107 or Article 1-A of the Legislative Law has occurred.

(i)Commission on Ethics and Lobbying in Government, Commission, or COELIG shall mean the members of the New York State Commission on Ethics and Lobbying in Government established pursuant to Executive Law § 94, which is authorized to delegate the authority to act as provided in the Executive Law to its Executive Director.

(j)Respondent shall mean Statewide elected officials, any State officer or employee, members of the legislature or legislative employees, candidates for legislative and statewide offices, and political party chairs covered by Public Officers Law §§ 73, 73-a or 74 or Civil Service Law § 107, or any lobbyist or client, as such terms are defined in Article 1-A of the Legislative Law, who receives a written notice from the Commission pursuant to Section 941.3 of this Part.

(k)Subject shall mean any individual or entity identified in a tip, complaint, referral or in a matter initiated by the Commission as allegedly having violated or being in violation of Public Officers Law §§ 73, 73-a or 74, Civil Service Law § 107 or Article 1-A of the Legislative Law.

(l)Victim shall mean any individual who has suffered or is alleged to have suffered direct harm from any violation of law that is subject to investigation under the jurisdiction of the Commission.

(1) The victim may also be, though is not necessarily, the same as, the "complainant."

(2) Direct harm, as it applies to this Part, means harm of any kind, including physical, emotional or reputational injury or loss, from any violation of law that is subject to investigation under the jurisdiction of the Commission.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 941.2

Amended New York State Register December 21, 2016/Volume XXXVIII, Issue 51, eff. 12/21/2016

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

Amended New York State Register July 19, 2023/Volume XLV, Issue 29, eff. 7/19/2023