2023 New York Laws › JUD - Judiciary › Article 15-A - State Commission on Prosecutorial Conduct › 499-H - Breach of Confidentiality of Commission Information.

§  499-h.  Breach of confidentiality of commission information. 1. Any
  staff member, employee or agent of the state commission on prosecutorial
  conduct who violates any of  the  provisions  of  section  four  hundred
  ninety-nine-g  of  this article shall be subject to a reprimand, a fine,
  suspension or removal by the commission.
2. Within ten days after the commission has acquired knowledge that  a
  staff  member,  employee  or  agent  of  the  commission has or may have
  breached the provisions of section four hundred  ninety-nine-g  of  this
  article,  written  charges  against such staff member, employee or agent
  shall be prepared and signed by the chairman of the commission and filed
  with the commission. Within five days  after  receipt  of  charges,  the
  commission shall determine, by a vote of the majority of all the members
  of  the  commission,  whether probable cause for such charges exists. If
  such determination is affirmative, within five days thereafter a written
  statement specifying the charges in detail  and  outlining  his  or  her
  rights  under  this  section  shall  be  forwarded  to the accused staff
  member, employee or agent by certified mail. The commission may  suspend
  the  staff  member,  employee or agent, with or without pay, pending the
  final determination of the charges. Within ten days after receipt of the
  statement of charges, the staff member, employee or agent  shall  notify
  the  commission  in  writing  whether he or she desires a hearing on the
  charges. The failure of the staff member, employee or  agent  to  notify
  the commission of his or her desire to have a hearing within such period
  of  time  shall  be  deemed  a  waiver of the right to a hearing. If the
  hearing has been waived, the commission shall proceed, within  ten  days
  after  such  waiver,  by a vote of a majority of all the members of such
  commission, to determine the charges and fix the penalty or  punishment,
  if any, to be imposed as hereinafter provided.
3.  Upon  receipt  of  a  request  for a hearing, the commission shall
  schedule a hearing, to be held at the commission offices, within  twenty
  days after receipt of the request therefor, and shall immediately notify
  in  writing  the  staff  member, employee or agent of the time and place
  thereof.
4. The commission shall have the power to  establish  necessary  rules
  and  procedures  for  the  conduct  of hearings under this section. Such
  rules shall not require compliance with technical rules of evidence. All
  such hearings shall be held before a hearing  panel  composed  of  three
  members of the commission selected by the commission. Each hearing shall
  be  conducted  by  the chairperson of the panel who shall be selected by
  the panel. The staff member, employee or agent shall have  a  reasonable
  opportunity  to  defend himself and to testify on his or her own behalf.
  He or she shall also have the right to be  represented  by  counsel,  to
  subpoena  witnesses  and to cross-examine witnesses. All testimony taken
  shall be under oath  which  the  chairperson  of  the  panel  is  hereby
  authorized  to administer. A record of the proceedings shall be made and
  a copy of the transcript of the hearing shall, upon written request,  be
  furnished  without  charge  to  the  staff  member,  employee  or  agent
  involved.
5. Within five days after the conclusion of a hearing, the panel shall
  forward  a  report  of  the  hearing,   including   its   findings   and
  recommendations,   including   its  recommendations  as  to  penalty  or
  punishment, if one is warranted, to the commission and  to  the  accused
  staff  member,  employee or agent. Within ten days after receipt of such
  report the commission shall determine whether  it  shall  implement  the
  recommendations  of  the  panel.  If  the  commission shall determine to
  implement such recommendations,  which  shall  include  the  penalty  or
  punishment,  if any, of a reprimand, a fine, suspension for a fixed time
  without pay or dismissal, it shall do so within  five  days  after  such

  determination.  If  the  charges  against  the staff member, employee or
  agent are dismissed, he or she shall be restored to his or her  position
  with  full  pay for any period of suspension without pay and the charges
  shall be expunged from his or her record.
6.  The accused staff member, employee or agent may seek review of the
  recommendation by the commission by way of a special proceeding pursuant
  to article seventy-eight of the civil practice law and rules.