Adjudicatory Proceedings and Appeals Procedures for Matters Under the Commission's Jurisdic...
NY-ADR
12/21/16 N.Y. St. Reg. JPE-37-16-00003-A
NEW YORK STATE REGISTER
VOLUME XXXVIII, ISSUE 51
December 21, 2016
RULE MAKING ACTIVITIES
NEW YORK STATE JOINT COMMISSION ON PUBLIC ETHICS
NOTICE OF ADOPTION
I.D No. JPE-37-16-00003-A
Filing No. 1109
Filing Date. Dec. 05, 2016
Effective Date. Dec. 21, 2016
Adjudicatory Proceedings and Appeals Procedures for Matters Under the Commission's Jurisdiction
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of Part 941 of Title 19 NYCRR.
Statutory authority:
Executive Law, section 94(14)
Subject:
Adjudicatory proceedings and appeals procedures for matters under the Commission's jurisdiction.
Purpose:
To implement legislative changes made to the Commission's adjudicatory proceedings.
Substance of final rule:
Part J of Chapter 286, Laws of 2016, effected changes to the adjudicatory proceedings conducted by the Joint Commission on Public Ethics (“Commission”). In particular, Part J, Chapter 286, Laws of 2016 provides persons or entities under investigation by the Commission the right to be heard prior to a final determination by the Commission, and the right to be informed of the alleged violations of law and supporting evidence. This rule implements these changes and provides due process notice to persons and entities subject to the Commission’s jurisdiction of the Commission’s applicable adjudicatory proceedings.
Final rule as compared with last published rule:
Nonsubstantive changes were made in sections 941.1, 941.4(b) and 941.8(b).
Text of rule and any required statements and analyses may be obtained from:
Michael E. Sande, Joint Commission on Public Ethics, 540 Broadway, Albany, NY 12207, (518) 408-3976, email: [email protected]
Revised Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement
A Revised Regulatory Impact Statement is not submitted with this Notice of Adoption because the revisions made to the proposed rule were not substantive and do not necessitate revision of the previously published Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement.
Initial Review of Rule
As a rule that does not require a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2021, which is no later than the 5th year after the year in which this rule is being adopted.
Assessment of Public Comment
One entity submitted five comments. The first comment suggested the addition of language to clarify that the Joint Commission on Public Ethics (“Commission”) is not responsible for providing or paying the cost of legal representation for respondents in proceedings before the Commission. The Commission omitted this language because there is no question or ambiguity that the Commission bears no legal duty to provide respondents with legal representation. The second comment suggested a small change to the language of Part 941.6(d) for clarification. The Commission considers the proposed language of Part 941.6(d) to be sufficiently clear. The third comment proposed making the use of deposition transcripts at the Commission’s hearings to be “subject to the Rules of Evidence.” Pursuant to the proposed Part 941, the Rules of Evidence do not apply with respect to any hearings under the Commission’s jurisdiction, and therefore this comment was rejected. The fourth comment suggested language regarding requests for the adjournment of a hearing, to clarify that such requests must be made at least five business days before the scheduled hearing date except “for good cause shown.” The Commission adopted this suggestion in the proposed Part 941. The fifth comment suggested the provision of a specific effective date. The Commission adopted this suggestion in the proposed Part 941.
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