N.Y. Comp. Codes R. & Regs. tit. 9 § 6203.2

Current through Register Vol. 46, No. 43, October 23, 2024

Section 6203.2 - Provisions related to granting the chief enforcement counsel authority to exercise the powers which the board is otherwise authorized to exercise pursuant to subdivision five and six of section 3-102 of this the Election Law

When granting authority to the chief enforcement counsel to exercise the powers which the board is otherwise authorized to exercise pursuant to subdivision five and six of section 3-102 of this the Election Law, the following provisions shall apply:

(a) Vote within twenty days. The board shall vote on whether to grant or refuse to grant such authority no later than twenty days after the chief enforcement counsel makes a request for such authority. A request shall be deemed made when the memorandum and proposed subpoena(s) required by paragraph (d) of this section are received by the commissioners.

(b) Participation in determinations. For purposes of considering and voting on such request, the chief enforcement counsel shall be entitled to participate in all matters related thereto and shall vote on the board's granting or refusal to grant such request only when there is a tie vote.

(c) No vote within twenty days or granting of authority. Should the board not vote on such request within twenty days of its submission, or grant the chief enforcement counsel's request, the chief enforcement counsel shall be so empowered to act pursuant to subdivisions five and six of section 3-102 of the Election Law. Any such action by the Chief Enforcement Counsel shall comply with the requirements of this section.

(d) Request for subpoena authority. An application by the chief enforcement counsel seeking authority from the board to issue a subpoena, shall be sent to the commissioners and co-executive directors whenever possible at least one week prior to a vote and shall include:

(1) a memorandum explaining the circumstances surrounding the investigation, reciting the section(s) of the Election Law that have allegedly been violated, and how any documents, testimony or other materials returned pursuant to a subpoena issued in the matter would be relevant and material to the investigation;

(2) the name(s) of the person(s) and/ or entity(ies) that will be served the proposed subpoena(s); and,

(3) a copy of the pro posed subpoena(s) to be issued should the authority to issue be granted. Nothing in this subsection shall limit the chief enforcement counsel's ability to limit the scope of an issued subpoena or extend the response date of an issued subpoena at the request of a person or entity named therein.

(e) Scope of Authority.

(1) A request for subpoena authority shall be directly related to a particular investigation. A grant of subpoena authority shall not include authority to issue subpoenas other than to those persons or entities identified in the application for such subpoena unless the board specifically grants such blanket authority.

(2) When the chief enforcement counsel applies for authority to issue a subpoena, the Board may authorize the chief enforcement counsel to is- sue subpoenas requiring the attendance and testimony of any person by deposition and to issue subpoenas duces tecum for the production of documentary or other tangible evidence in connection with and reasonably related to a lawful investigation.

(3) As a condition of granting subpoena authority to the chief enforcement counsel, the board reserves the right, upon the motion of any one Commissioner, to rescind or further condition subpoenas or subpoenas duces tecum, by a majority vote of the board. When the board considers whether to rescind or further condition a subpoena or subpoena duces tecum, the chief enforcement counsel shall be entitled to participate in any discussion and may vote only if there is a tie vote.

(4) As a condition of granting authority to exercise the powers which the board is otherwise authorized to exercise pursuant to subdivision five and six of section 3-102 of the Election Law to the chief enforcement counsel, such authority to so act shall expire six months after the date authority is granted by the board unless the resolution approving such authority provides for a longer duration, and any subpoenas or subpoenas duces tecum shall be deemed expired six months after authority is granted by the board unless the resolution approving such subpoenas provides for a longer duration; provided, further, that if the board did not vote within twenty days of its submission, then the chief enforcement counsel's initial authority to act without a vote, shall expire ninety days after the chief enforcement counsel was empowered to exercise such authority, and any subsequent subpoenas or subpoenas duces tecum involved in that matter shall be brought to the Board for action pursuant to the above provisions after the expiration of the ninety day period.

(5) For any authority to exercise the powers which the board i s otherwise authorized to exercise pursuant to subdivision five and six of section 3-102 of this the Election Law granted to the chief enforcement counsel prior to the effective date of this section, such authority and any subpoenas issued pursuant to such authority shall expire six months after the effective date of this regulation.

(6) Nothing in this section shall prohibit the chief enforcement counsel from making an application to renew authority to exercise powers with respect to any ongoing matter, which the board is otherwise authorized to exercise pursuant to subdivision five and six of section 3-102 of this the Election Law.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 6203.2

Adopted New York State Register September 19, 2018/Volume XL, Issue 38, eff. 9/19/2018