SBE-22-12-00001-P Amend the Address of the State Board of Elections by Reason of the Move of the Office Under the Re-stacking Program

5/30/12 N.Y. St. Reg. SBE-22-12-00001-P

NEW YORK STATE REGISTER

VOLUME XXXIV, ISSUE 22

May 30, 2012

RULE MAKING ACTIVITIES

STATE BOARD OF ELECTIONS

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. SBE-22-12-00001-P

Amend the Address of the State Board of Elections by Reason of the Move of the Office Under the Re-stacking Program

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

This is a consensus rule making to amend sections 6201.3(a)(2), (b)(2), (c)(2), 6208.2(a), 6213.2(b)(1), 6213.3(a), 6216.2(b)(6), (c)(4) and (d)(6) of Title 9 NYCRR.

Statutory authority:

Election Law, sections 3-100, 3-102, 3-103, 3-104, 3-105 and 3-106

Subject:

Amend the address of the State Board of Elections by reason of the move of the office under the re-stacking program.

Purpose:

Amend existing regulation to address by reason of move of agency.

Text of proposed rule:

Subtitle V of Title 9 of the Official Compilation of Codes, Rules and Regulations of the State of New York is hereby amended by amending Parts 6201.3(a)(2), 6201.3(b)(2), 6202.1(c), 6208.2(a), 6213.2(b)(1), 6213.3(a), 6216.2(b)(6), 6216.2(c)(4) and 6216.2(d)(6) to read as follows:

§ 6201.3(a)(2) Procedure in fair campaign code proceedings

(2) A complaint shall be filed by mailing to, or by personally serving, the State Board of Elections at [40 Steuben Street, Albany, NY 12207-2109] 40 North Pearl Street, Ste. 5, Albany, NY 12207-2109. A duplicate copy of the complaint shall be mailed to or personally served upon the candidate or the candidate's representative (herein after "respondent"). Proof of service of the complaint upon the respondent must be filed not later than three days after service of the complaint upon the respondent. This requirement is waived when the respondent is unknown.

§ 6201.3(b)(2) Procedure in fair campaign code proceedings

(2) A respondent shall file a signed answer, after service upon the respondent of the complaint. Such an answer shall be based upon personal knowledge and belief and be specific as to the times, places and names of witnesses to acts relevant to the complaint. Copies of all documentary evidence available to the respondent shall be annexed to the answer. If an answer is based on information and belief, the respondent shall state the source or sources of the information and belief. An answer shall be filed by certified mail or by personally serving the State Board of Elections at [40 Steuben Street, Albany, NY 12207-2109] 40 North Pearl Street, Ste. 5, Albany, NY 12207-2109 and the complainant. An answer to the complaint must be made by the respondent within 10 days after receipt of the complaint. Proof of service of the answer upon the complainant must be filed not later than three days after service of the answer upon the complainant.

§ 6201.3(c)(2) Procedure in fair campaign code proceedings

(2) A respondent shall file an answer, sworn to or affirmed (within seven days or such shorter period as the board may for good reason require) after service upon him of the notice of hearing. Such an answer shall, if possible, be based on the personal knowledge and belief and be specific as to times, places and names of witnesses to acts relevant to the complaint. Copies of all documentary evidence available to the respondent shall be annexed to the answer. If an answer is based on information and belief, the respondent shall state the source or sources of his information and belief. An answer shall be filed by certified mail or by personally serving the State Board of Elections at [40 Steuben Street, Albany, NY 12207-2109] 40 North Pearl Street, Ste. 5, Albany, NY 12207-2109.

§ 6202.1(c) Examination and Copying of Records

(c) Location of records. All available records shall be located at [40 Steuben Street, Albany, NY 12207-2109] 40 North Pearl Street, Ste. 5, Albany, NY 12207-2109.

§ 6208.2(a) Service of petitions; timeliness

(a) The original petition shall be service at the office of the State Board of Elections, [One Commerce Plaza, (99 Washington Avenue) Albany, NY 12260] 40 North Pearl Street, Ste. 5, Albany, NY 12207-2109, or upon any person authorized by the State Board of Elections to receive such service.

§ 6213.2(b)(1) Duties of participating agencies designated by Election Law, section 5-211

(1) Pursuant to Election Law, section 5-211(8)(f), the following shall serve as the address and phone number for use in related circumstances: you may file a complaint with the State Board of Elections at [40 Steuben Street, Albany, NY 12207-2109] 40 North Pearl Street, Ste. 5, Albany, NY 12207-2109 or fax a complaint to (518) 4NY-NVRA.

§ 6213.3(a) Duties of Department of Motor Vehicles under Election Law, section 5-212

(a) Pursuant to Elections Law, section 15-212(4)(e), the following shall serve as the address and phone number for use in related circumstances: you may file a complaint with the State Board of Elections at [40 Steuben Street, Albany, NY 12207-2109] 40 North Pearl Street, Ste. 5, Albany, NY 12207-2109, or fax a complaint to [phone]; or call 1-800-4NY-NVRA.

§ 6216.2(b)(6) Procedure in administrative complaint proceedings

(6) Complaints must be filed, either in person or by mail, with the New York State Board of Elections, Office of Enforcement Counsel [40 Steuben Street, Albany, NY 12207-2109] 40 North Pearl Street, Ste. 5, Albany, NY 12207-2109.

§ 6216.2(c)(4) Procedure in administrative complaint proceedings

(4) Within five business days of receipt of the SBOE notice of acceptance of complaint, complainant shall send a copy of a complaint, including the complaint form and copies of all documentary evidence submitted with the complaint, and a copy of the notice of acceptance of complaint, to the respondent(s) named or referred to in the complaint, by certified mail, return receipt requested, or by commercial courier service with proof of delivery. Complainant shall file proof of said service on the respondent(s) with the SBOE no later than 10 business days of receipt of the notice of acceptance [if] of complaint. The respondent must submit a written response to the SBOE and to the complainant, to be received by said parties within 10 business days after receipt of both the copy of a complaint that is accepted for filing and a copy of the notice of acceptance of complaint. As an option, the respondent may also include a written request for a hearing if one was not already requested by the complainant. All correspondence required to be submitted to the SBOE pursuant to this paragraph must contain he complaint number and be submitted to: The New York State Board of Elections, Office of Enforcement Counsel, [40 Steuben Street, Albany, NY 12207-2109] 40 North Pearl Street, Ste. 5, Albany, NY 12207-2109.

§ 6216.2(d)(6) Procedure in administrative complaint proceedings

(6) Hearings shall be conducted at the [SBOE] offices located at [40 Steuben Street, Albany, NY 12207-2109] 40 North Pearl Street, Ste. 5, Albany, NY 12207-2109. An alternate location may be selected when deemed necessary upon agreement of the hearing panel.

Text of proposed rule and any required statements and analyses may be obtained from:

Paul M. Collins, Deputy Special Counsel, New York State Board of Elections, 40 North Pearl Street, STE 5, Albany, NY 12207-2729, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Consensus Rule Making Determination

The Resolution adopted by the State Board of Elections on May 3, 2012 as to these proposed regulations amendments contains the following language:

Whereas it is the opinion of the Commissioners that there will be no objection to the adoption of these regulations as the changes merely involve the Board correcting its published address in order to facilitate access to the Board by the public and by other government agencies and may therefore be adopted as a Consensus Regulation.

Job Impact Statement

These regulations neither create nor eliminate employment positions and/or opportunities, and, therefore, have no adverse impact on employment opportunities in New York State. Amendments to the adopted regulation do not change this analysis.