22 CRR-NY 154.4NY-CRR
OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 22. JUDICIARY
SUBTITLE A. JUDICIAL ADMINISTRATION
CHAPTER I. STANDARDS AND ADMINISTRATIVE POLICIES
SUBCHAPTER C. RULES OF THE CHIEF ADMINISTRATOR OF THE COURTS
PART 154. REQUESTS FOR EXEMPTION FROM PUBLIC DISCLOSURE OF CLIENT INFORMATION UNDER PUBLIC OFFICERS LAW SECTION 73-A.
22 CRR-NY 154.4
22 CRR-NY 154.4
154.4 Action by OCA.
(a) Upon receipt of an exemption request pursuant to section 154.3 of this Part, OCA shall review the material filed to determine whether the exemption request shall be granted. The factors OCA shall consider in determining an exemption request shall include, but not be limited to, the following statutory factors:
(1) the nature and the size of the client;
(2) whether the client has any business before the State; and, if so, how significant the business is; and whether the client has any particularized interest in pending legislation and if so how significant the interest is;
(3) whether disclosure may reveal trade secrets;
(4) whether disclosure could reasonably result in retaliation against the client;
(5) whether disclosure may cause undue harm to the client;
(6) whether disclosure may result in undue harm to the attorney-client relationship; and
(7) whether disclosure may result in an unnecessary invasion of privacy to the client.
(b) In reviewing an exemption request, OCA may consult with bar or other professional associations, or with the commission or the Legislative Ethics Commission for individuals subject to its jurisdiction, and may consider the rules of professional conduct.
(c) OCA shall grant the exemption request upon a finding that, under the totality of the circumstances, the interests in nondisclosure of the client information (including the general interests served by principles of client confidentiality) outweigh the interests served by disclosure; otherwise it shall deny the request. OCA shall provide the applicant with a written explanation of its determination, which shall clearly state that such determination is based solely upon the information furnished by the applicant in support of his or her exemption request and that, upon any subsequent change in such information, the determination may be reconsidered as provided in this Part. The OCA determination shall neither address nor alter the applicant’s disclosure or confidentiality obligations under any law or authority other than Public Officers Law section 73-a.
(d) OCA shall determine an exemption request not later than three days following the day on which such request is received; provided, however, where the last of such days is a Saturday, Sunday or a public holiday, OCA may render its determination on the next succeeding business day as provided by the General Construction Law. When the request contains information deemed insufficient for the rendering of a determination, OCA may direct the applicant to provide additional information in a further submission, whereupon it shall render its determination within three business days from receipt of such additional information.
(e) Where OCA denies an exemption request, and thereafter there occurs a material change of facts or circumstances; including a change in the applicant’s title or duties, a change in the nature of the services provided to the client, or a change in the nature of such client’s business; an applicant may seek reconsideration of that denial by following the procedures set forth in section 154.3 of this Part.
(f) Where OCA grants an exemption request, it shall be unnecessary for the applicant to make the same request in subsequent years, except that the applicant shall thereafter annually review the application submitted in support of the exemption request to determine whether there has been a material change in the facts and circumstances reported in such application; including a change in the facts attested pursuant to section 154.3(c) of this Part; or in the scope of the services provided by an applicant to the client; or in the applicant’s title, responsibilities, or assignments. In the event of such change, the applicant shall promptly report that change to OCA, which may, in appropriate cases, withdraw the exemption. Where OCA withdraws an exemption pursuant to this subdivision, OCA shall provide the applicant with a written explanation for such action.
(g) Determinations pursuant to this Part shall not be deemed judicial determinations and shall not be subject to judicial review except as may otherwise be authorized by law.
22 CRR-NY 154.4
Current through December 31, 2020
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