N.Y. Comp. Codes R. & Regs. tit. 9 § 6218.13

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

Section 6218.13 - Special Provisions For Failure to File Adjudications

(a) The Chief Enforcement Counsel may present a list of committees and candidates who have allegedly failed to file a particular campaign finance disclosure report or reports required to be filed pursuant to title one of article fourteen of the election law for administrative adjudication pursuant to this Part, and each such aggregation of non-filers shall be considered a single matter for purposes of this Part when the sole allegation of the report of the Chief Enforcement Counsel with respect to each committee or candidate is a failure to make one or more timely campaign disclosure filings.

(b) Such failure to file list shall be accompanied with an affirmation or affidavit averring:

(1) that the records of the state board of elections demonstrate that such committee or candidates on the failure to file list have not filed the required report or reports as of the time the list was submitted by the Chief Enforcement Counsel; and

(2) the Chief Enforcement Counsel's office provided notice of non-filing to the committees and candidates on the list in substantial compliance with Election Law § 14-108(5) and notwithstanding such notice the filing was not made within five days of the committees' or candidates' receipt thereof.

(c) If a hearing officer is not appointed to the failure to file matter within five business days from the transmittal of the failure to file listing from the Chief Enforcement Counsel, such non appointment shall constitute non-production of a list of eligible hearing officers for such appointment. The Chief Enforcement Counsel may, when no appointment is made, proceed in accordance with Election Law § 3-104(5) to commence a proceeding to compel the filing of the delinquent campaign finance disclosure reports and seek civil penalties for non-filing as provided for by law.

(d) This section shall apply exclusively to allegations of failure to file a required campaign financial disclosure report pursuant to title one of article fourteen of the election law.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 6218.13

Adopted New York State Register August 30, 2023/Volume XLV, Issue 35, eff. 8/30/2023