N.Y. Comp. Codes R. & Regs. tit. 9 § 335.8

Current through Register Vol. 46, No. 25, June 18, 2024

Section 335.8 - Substitutions of existing federated community campaigns

(a) Commissioner approvals for federated community campaigns issued prior to the effective date of these regulations shall continue in force and effect, provided that upon request of the commissioner such campaigns furnish documentation assuring their continued compliance with the statute and these regulations.

(b) A charitable organization may apply in accordance with subdivision (c) of this section to replace a federated community campaign in a campaign area and may apply in accordance with section 335.7 of this Part to solicit contributions from State employees in a county or group of counties having no federated community campaign.

(c) Notwithstanding the prior approval and continued operation of a federated community campaign, in the event a different charitable organization meets the general eligibility provisions, demonstrates the capability to fulfill the functions and duties set forth in section 335.7 of this Part, is able to supply the information specified herein, and determines that it has the capacity to conduct a more successful charitable solicitation of employees than the previously approved federated community campaign, it may submit an application to the commissioner pursuant to this section for its substitution in place of the existing federated community campaign. The application, with notice to the existing federated community campaign, shall be made on or before February 15th of the year preceding the campaign. The commissioner shall evaluate such application for substitution and make a determination in accordance with the provisions of these regulations relative to primary approvals of federated community campaigns and shall afford the existing federated community campaign an opportunity to be heard. The commissioner shall also solicit comments from the local SEFA committees, the statewide SEFA council and individual participant organizations concerning the application. The commissioner's decision regarding acceptance or rejection of such proposed substitution shall be conclusive and binding. Written notice of the decision on an application for the substitution of a federated community campaign hereunder shall be given to the applicant, the previously existing federated community campaign, the local SEFA committees, and the statewide SEFA council. In the event the substitution is approved, the applicant will provide written notice to the affected participants.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 335.8