N.Y. Comp. Codes R. & Regs. tit. 9 § 6209.8

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

Section 6209.8 - Recission of certification

(a) If at any time subsequent to the State Board's approval of a voting system, the State Board determines that the voting system fails to fulfill the criteria prescribed by statute and these rules, the State Board shall notify any purchasers and vendors of that particular voting system's failure, post such notice on its website, and give notice by mail to the chairs of all political parties and interested persons who have previously requested notification of such information, that the State Board's approval or certification of that system in New York State is to be withdrawn.

(b) Failure of a vendor, its officers and its controlling shareholders to file affidavits as required in section 6209.4(i) of this Part may result in the rescission of certification. Notice of such failure shall be in writing and shall specify the reasons why the approval or certification of the system is being rescinded.

(c) At the State Board's discretion and depending on the reason for recision, a notice may also provide for a 30-day period within which the vendor must correct deficiencies, and shall further specify the date on which the rescission is to become effective.

(d) Any vendor or purchaser of such voting system, and any interested person or organization, may request in writing that the State Board reconsider its decision to rescind approval or certification of the voting system.

(e) Upon receipt of such request to reconsider, the State Board shall hold a public hearing for the purpose of reconsidering the decision to rescind the approval or certification, and shall give published notice of such hearing at least two weeks in advance, including posting it prominently on its website and giving notice by mail to public advocacy organizations which have requested such notification or requested that the State Board reconsider its decision. Any interested party shall be given the opportunity to submit testimony or documentation in support of or in opposition to the Board's decision to rescind approval or certification.

(f) The State Board may affirm or reverse its decision. Should the State Board affirm its decision, such vendor may be prevented from submitting a new application form for a period of two years following the date of the final decision.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 6209.8