N.Y. Comp. Codes R. & Regs. tit. 9 § 9977.19

Current through Register Vol. 46, No. 50, December 11, 2024

Section 9977.19 - Appeals from Public Advisory Council decisions

(a) Grounds for appeal of decisions of the Public Advisory Council.

(1) Any person required to file an annual statement, whose written request for deletion of one or more items of information has been denied in writing by the Public Advisory Council, may file with the commission pursuant to these rules a written appeal of the denial within 15 days after receipt of the denial.

(2) Any person required to file an annual statement, whose written request to the Public Advisory Council for exemption from any requirement to report one or more items of information which pertain to the person's spouse or unemancipated children has been denied in writing by the Public Advisory Council, may file with the commission pursuant to these rules a written appeal of the denial within 15 days after receipt of the denial.

(b) Confidentiality of information related to public advisory council decisions. Following the filing of a notice of appeal pursuant to these rules, the commission shall keep confidential all information which is the subject of the appeal. The reporting individual may request within 5 days after receipt of an adverse determination by the commission, and upon such request the commission shall provide, that any information which is a part of the appeal remain confidential for a period of 30 days following notice of the determination. In the event that the reporting individual resigns from office and holds no other office subject to the jurisdiction of the commission, the information shall not be made public and shall be expunged in its entirety.

(c) Notice and procedure for appeal from an adverse Public Advisory Council decision.

(1) A notice of appeal must be filed with commission within 15 calendar days after receipt by the appellant of an adverse determination by the Public Advisory Council. The notice of appeal must be in writing and shall be addressed to the commission at the address provided in a notice accompanying the determination by the Public Advisory Council. That notice shall also include information concerning the procedure for appeals.

(2) Upon receipt of the notice of appeal, the executive director, on behalf of the commission, shall issue a notice of docketing, which shall set forth a time and date for submission of written arguments and documentary evidence to the commission in support of the appellant's position. This time and date shall be no sooner than 15 days, and no later than 30 days, after the commission's receipt of the notice of appeal.

(d) Record on appeal.

(1) The commission shall consider the record provided by the Public Advisory Council and the written submissions of the appellant in making a determination on the appeal of an adverse determination. The commission may request additional information to be filed by the appellant.

(2) The formal rules of evidence shall not apply in the appeals process.

(3) The burden is on the appellant to show that the Public Advisory Council made an erroneous determination in deciding not to grant appellant's deletion or exemption request.

(4) Decision on appeal from Public Advisory Council decisions.

(i) The commission shall review the written appeal filed pursuant to these rules and shall render a decision based upon the entire record submitted to the Public Advisory Council and the written submission of the appellant to the commission on appeal.

(ii) The written decision of the commission shall affirm or reverse the decision of the Public Advisory Council or shall remand the proceeding or dismiss the request. The commission's decision shall, as appropriate, set forth a concise statement of the reasons for the commission's decision and shall be issued within 60 days after the commission's receipt of the written notice of appeal, or as soon thereafter as possible.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 9977.19