Proposed Regulations and Guidance

Proposed Regulations and Guidance

Proposed Regulations and Guidance

This page is where you will find regulations and guidance that have been proposed by the Commission and are awaiting public comment or otherwise pending approval. It will also include staff proposals that have yet not been voted on by the Commissioners but which are going through an informal comment process to generate feedback before they are submitted for the onset of the formal SAPA process. 

Proposed Revisions to Adjudicatory Proceedings and Appeals Process Regulations

The Joint Commission on Public Ethics (“Commission”) has submitted a Notice of Proposed Rulemaking under the State Administrative Procedure Act (“SAPA”) to consider revisions to the Adjudicatory proceedings and appeals process  (19 NYCRR Part 941).  On January 25, 2022, the Commission adopted these regulatory amendments on an emergency basis and concurrently submitted a Notice of Emergency Adoption and  Proposed Rulemaking.  The Emergency Adoption makes these regulations effective on an emergency basis from January 25, 2022 to April 25, 2022. An additional Emergency Adoption was submitted on April 25, 2022, which now makes these regulations effective until June 24, 2022.

The revisions in the Emergency Adoption and those in the Proposed Rulemaking are identical and increase transparency regarding agency operations and the status of long-standing investigations.  Among other things, they provide for expanded notification and disclosure to various parties, including the complainant, subject, witnesses, and others as appropriate, when the Commission takes action on a matter.  In addition, the revisions provide that the Commission may disclose confidential information, and staff may make certain general public statements, concerning investigative matters when it is in the public interest to do so.  Moreover, the regulatory amendments provide for additional investigative information to be released on a regular basis on the Commission’s website or in the Commission’s annual report, as appropriate.  

The Proposed Rulemaking was originally published in the State Register on February 9, 2022.  Although the 60-day comment period ran until April 10, 2022, the Commission will continue to accept comments on the Proposed Rulemaking; those comments should be directed to Megan Mutolo, Associate Counsel, at [email protected].

Part 941 Documents

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    19 NYCRR Part 941 - Adjudicatory Proceedings and Appeals Process (2022 Revisions)

    These regulations were amended through an Emergency Adoption on January 25, 2022 and are in effect from January 25, 2022 to April 25, 2022. An additional Emergency Adoption was submitted on April 25, 2022, which now makes these regulations effective until June 24, 2022. Revisions increase transparency regarding agency operations and the status of long-standing investigations.  Among other things, they provide for expanded notification and disclosure to various parties, including the complainant, subject, witnesses, and others as appropriate, when the Commission takes action on a matter.  In addition, the revisions provide that the Commission may disclose confidential information, and staff may make certain general public statements, concerning investigative matters when it is in the public interest to do so.  Moreover, the regulatory amendments provide for additional investigative information to be released on a regular basis on the Commission’s website or in the Commission’s annual report, as appropriate. (Posted 1/28/2022)

     

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