reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 380 - Electronic Signatures And Filing Of Documents › Section 380.1 - Background

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Article 3 of the State Technology Law, known as the Electronic Signatures and
				Records Act (ESRA), is intended to support and encourage electronic commerce
				and electronic government by allowing people to use electronic signatures and
				electronic records in lieu of handwritten signatures and paper documents.
				Administration of the State Technology Law is vested in the New York State
				Office of the Chief Information Officer and the New York State Office of
				Information Technology Services (CIO/ITS). CIO/ITS has promulgated regulations
				(9 NYCRR Subtitle N, Part 540) to establish rules governing the use of
				electronic signatures and records. CIO/ITS also issues policies, standards, and
				guidelines for technology usage.
(b) Section 807  of the Retirement and Social Security
				Law, enacted pursuant to chapter 506 of the Laws of 2005, authorizes public
				retirement systems to promulgate rules and regulations to provide for alternate
				means of authentication in place of any requirement that a filing be duly
				executed and acknowledged and, consistent with the provisions of the State
				Technology Law, to provide for the electronic filing of documents. The State
				Comptroller as the administrative head of the New York State and Local
				Employees' Retirement System and the New York State and Local Police and Fire
				Retirement System ("the retirement system") has the exclusive authority
				pursuant to sections 11, 74, 311, 374, 519 and
				614  of the Retirement and Social Security
				Law to adopt rules and regulations for the administration of the retirement
				system.
(c) This Part is
				promulgated to set forth the procedures for the use of electronic signatures
				and records by the retirement system.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 380 - Electronic Signatures And Filing Of Documents › Section 380.2 - Statement of intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				ESRA and this Part are designed to, among other things, afford the retirement
				system the greatest latitude to determine the most effective protocols for
				producing, receiving, accepting, acquiring, recording, filing, transmitting,
				forwarding and storing electronic signatures and electronic records within the
				confines of existing statutory and regulatory requirements regarding privacy,
				confidentiality and records retention.
(b) New technologies are frequently being
				introduced. The intent of this Part is to be flexible enough to embrace future
				technologies that comply with ESRA and all other applicable statutes and
				regulations.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 380 - Electronic Signatures And Filing Of Documents › Section 380.3 - Electronic signatures and filing of documents

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Meaning of Terms. Unless specifically stated otherwise, the meaning of terms
				and words in this Part shall be the same as in the state technology law and the
				regulations of CIO/ITS.
(1) The retirement
				system means the New York State and Local Employees' Retirement System and the
				New York State and Local Police and Fire Retirement System.
(2) An electronic signature or digital
				signature means the creation of an electronic identifier (i.e., an electronic
				sound, symbol, or process, attached to or logically associated with an
				electronic record and executed or adopted by a person with the intent to sign
				the record) which the Comptroller determines is:
(i) unique to the signer;
(ii) capable of verification;
(iii) under the signer's control;
				and
(iv) linked to the record in
				such a manner that if the record is changed, the signature is
				invalidated.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 381 - Article 22-membership Contributions And Withdrawals › Section 381.1 - Background and determination

Current through Register Vol. 46, No. 28, July 10, 2024
Section 1204  of the Retirement and Social Security
				  Law, as added by section 1 of chapter 504 of the Laws of 2009, directs and
				  authorizes the State Comptroller to promulgate regulations necessary with
				  respect to deductions of contributions from the wages of members who are
				  covered by the provisions of article 22 of the law, and maintenance of any
				  special fund(s) with respect to amounts contributed. This Part is being
				  promulgated to set forth by regulation the provisions of article 22 with
				  respect to members of the New York State and Local Police and Fire Retirement
				  System.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 381 - Article 22-membership Contributions And Withdrawals › Section 381.2 - Member contributions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Members of the New York State and Local
				Police and Fire Retirement System who are covered by the provisions of article
				22 of the Retirement and Social Security Law shall contribute a percentage of
				their annual wages to the retirement system as set forth in section 1204. Such
				contributions shall not be required after accruing the maximum service credit
				allowed under the plan in which they are enrolled.
(b) Contributions made pursuant to article 22
				of the Retirement and Social Security Law shall be considered CO-ESC
				contributions, as defined by Part 326 of this Title. In no event shall these
				contributions provide for a pension increase or annuity.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 381 - Article 22-membership Contributions And Withdrawals › Section 381.3 - Withdrawal and refund of co-esc contributions

Current through Register Vol. 46, No. 28, July 10, 2024
In the event of termination of employment other than as a
				  result of transfer to another public employer, a member participating in the
				  retirement plan provided for in article 22 of the Retirement and Social
				  Security Law, who is not vested or entitled to any other benefit under article
				  22, may withdraw his CO-ESC contributions and terminate his membership in the
				  New York State and Local Police and Fire Retirement System by filing a form
				  prescribed by the retirement system for this purpose. Such a request may be
				  made after the member has been separated from service for at least 15 days. The
				  retirement system shall thereupon refund the CO-ESC
				  contributions.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 381 - Article 22-membership Contributions And Withdrawals › Section 381.4 - Refund of member's contributions on death of the member

Current through Register Vol. 46, No. 28, July 10, 2024
In the event of termination of membership with New York State
				  and Local Police and Fire Retirement System by the death of a member
				  participating in the retirement plan provided for in article 22 of the
				  Retirement and Social Security Law, where no application for death benefits has
				  been approved by the Comptroller on account of such member's death and where
				  there are no individuals eligible to receive death benefits on account of such
				  member's death under the provisions of article 22 of the Retirement and Social
				  Security Law and the regulations promulgated thereunder, accumulated
				  contributions shall be refunded to the beneficiary duly designated by the
				  member on a form prescribed by and filed with the retirement system for this
				  purpose. In the absence of such designation of beneficiary, any accumulated
				  contributions made by the deceased member shall be refunded to his estate. Such
				  duly designated beneficiary or, in the absence thereof, the estate's legal
				  representative, must file a written request for such a refund with the
				  retirement system on a form prescribed by the retirement system for this
				  purpose. The retirement system shall thereupon refund the accumulated
				  contributions.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 381 - Article 22-membership Contributions And Withdrawals › Section 381.5 - Interest on refunded accumulated contributions

Current through Register Vol. 46, No. 28, July 10, 2024
The accumulated contributions withdrawn as provided for by
				  sections
				  381.3
				  and
				  381.4 
				  of this Part shall be refunded with interest at the rate of five percent per
				  annum.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 381 - Article 22-membership Contributions And Withdrawals › Section 381.6 - Restoration of credit for previous service

Current through Register Vol. 46, No. 28, July 10, 2024
Membership in the New York State and Local Police and Fire
				  Retirement System shall cease upon withdrawal of contributions pursuant to
				  these regulations. A former member who thereafter returns to public service
				  shall not receive any credit for previous service to which such withdrawn and
				  refunded contributions applied unless and until such former member applies for
				  such credit and repays the entire amount withdrawn and refunded, together with
				  interest through the date of repayment at the rate of five percent per
				  annum.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 382 - Pre-employment physicals for presumption provisions › Section 382.2 - Employer statement

Current through Register Vol. 46, No. 28, July 10, 2024
Effective immediately, in the processing of a disability
				  retirement or death benefit presumption requiring successful passage of a pre-
				  employment physical, when it is determined that the records of such physical no
				  longer exist through no fault of the member, the Retirement System shall
				  accept, in lieu of such records, a sworn statement from an authorized
				  representative of the employer indicating, to the extent known, the reason the
				  records no longer exist, that such member would have been required to undergo a
				  physical examination at or shortly after hire, and that the member would not
				  have been so hired without successfully passing the
				  examination.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 383 - Addition or Suspension of Certain Administrative and Operational Requirements During The Covid-19 State of Emergency › Section 383.1 - Addition or suspension of certain administrative and operational requirements during the COVID-19 state of emergency

Current through Register Vol. 46, No. 28, July 10, 2024
On March 7, 2020 the Governor of New York State declared a
				  state of emergency due to the COVID-19 virus. An immediate adoption of this
				  rule is necessary for the preservation of the general welfare of the members,
				  retirees and beneficiaries of NYSLRS. Effective immediately and notwithstanding
				  any other law, rule or regulation to the contrary, the Comptroller may
				  authorize the suspension of certain administrative and operational requirements
				  related to the retirement system including, but not limited to, the processing
				  and determination of applications for any form of retirement or benefit,
				  participating employer reporting and the conduct and scheduling of
				  administrative hearings. Such change in administrative and operational
				  requirements will be effective for 90 days from the date of filing of this rule
				  unless such emergency rule is readopted or rescinded prior to the expiration of
				  such 90 day period.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VII - New York Environmental Protection And Spill Compensation Fund › Part 400 - License Fee Setting › Section 400.1 - Notification by the administrator

Current through Register Vol. 46, No. 28, July 10, 2024
The administrator shall notify the Commissioner of
				  Transportation in writing whenever the fee is to be discontinued, reimposed,
				  raised or lowered. The commissioner shall then notify all licensees of the
				  change.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VII - New York Environmental Protection And Spill Compensation Fund › Part 400 - License Fee Setting › Section 400.2 - Fund balance

Current through Register Vol. 46, No. 28, July 10, 2024
In considering the fund balance for the purpose of setting
				  license fees, only those amounts not appropriated for administrative expenses
				  and research costs or otherwise committed are to be considered by the
				  administrator.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VII - New York Environmental Protection And Spill Compensation Fund › Part 401 - Notification Of Spills And Cleanup Estimates › Section 401.1 - Notification by the department of transportation

Current through Register Vol. 46, No. 28, July 10, 2024
The Department of Transportation shall notify the
				  administrator within 24 hours after the inception of cleanup and removal
				  operations in response to a discharge of petroleum. An estimate shall be
				  provided to the administrator concerning the cost of the operation
				  necessitating such notification.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VII - New York Environmental Protection And Spill Compensation Fund › Part 402 - Claims Against The Fund For Damages › Section 402.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Personal
				property shall mean tangible property of all types other than real property,
				and shall include any right, title or interest in or to such tangible
				property.
(b) Real estate shall
				mean real property or any right, title or interest in or to real property, and
				shall include easements of all types.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VII - New York Environmental Protection And Spill Compensation Fund › Part 402 - Claims Against The Fund For Damages › Section 402.2 - Delegation

Current through Register Vol. 46, No. 28, July 10, 2024
The administrator may delegate administrative, supervisory or
				  investigatory authority to members of his staff and enter into contracts where
				  appropriate for carrying out the requirements of article 12 of the Navigation
				  Law, including but not limited to, the performance of claims adjustment
				  services.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VII - New York Environmental Protection And Spill Compensation Fund › Part 402 - Claims Against The Fund For Damages › Section 402.3 - Submission of claims

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Any person claiming to have suffered damage to real estate or personal
				property, natural resources or loss of income or tax revenue, as the result of
				a discharge of petroleum which takes place on or after April 1, 1978, may
				submit a claim for any such damage to the administrator.
(b) Claims shall be submitted in such form
				and contain such information as the administrator may prescribe from time to
				time. Claim forms shall be provided by the administrator to all persons upon
				request.
(1) Claims shall be sent by certified
				mail or hand-delivered to:
New York State Department of Audit and Control
Administrator
New York State Environmental Protection and
Spill Compensation Fund
110 State Street
Albany, New York 12236-0001
(2) The date postmarked or, if
				hand-delivered, the date of receipt stamp, shall be the date used for
				establishing compliance with the time limits imposed by section 182  of the Navigation Law.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VII - New York Environmental Protection And Spill Compensation Fund › Part 402 - Claims Against The Fund For Damages › Section 402.4 - Waiver of claims not presented

Current through Register Vol. 46, No. 28, July 10, 2024
Damages not included in a claim at the time a settlement is
				  reached, or an award of damages from the fund is made, shall be deemed waived;
				  provided, however, that claims for damages which could not have been discovered
				  before an award has been made or a settlement has been concluded may be the
				  subject of an additional claim if submitted within the time limitation set
				  forth in section 182  of the Navigation Law.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VII - New York Environmental Protection And Spill Compensation Fund › Part 402 - Claims Against The Fund For Damages › Section 402.5 - Initial processing of a claim for damages

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where a claim for damages involves a
				known discharger or alleged discharger, the rules on notice to the person
				alleged to have caused the discharge are as follows:
(1) Upon receipt of a claim, the
				administrator shall notify the person alleged by the claimant to have caused
				the discharge, by mailing a notice of claim, a copy of the claim and, where
				appropriate, a copy of any supporting documents or materials, by registered or
				certified mail, return receipt requested.
(2) If the administrator has reason to
				believe that someone other than the person alleged by the claimant caused the
				discharge, the administrator shall mail a notice of claim, a copy of the claim
				and, where appropriate, a copy of any supporting documents or materials, by
				registered or certified mail, return receipt requested, to such
				person.
(3) Notice pursuant to this
				section shall be in such form as the administrator may prescribe from time to
				time, and shall inform the person alleged to have caused the discharge that he
				may, within 15 business days of having received notice of the claim, file an
				answer, including supporting documents if any, with the administrator:
				admitting the discharge, denying the discharge or taking no position with
				respect to the cause of the discharge and agreeing with the amount of the
				claim, disagreeing with the amount of the claim or taking no position regarding
				the amount of the claim.
(4) Not
				less than seven days after the receipt of an answer or, if no answer is filed,
				not less than seven days after the expiration of the time for answering, the
				administrator shall make a determination, if possible, based upon the
				information set forth in the claim, the answer and other information which may
				be submitted to the administrator, of the identity of the person who discharged
				the petroleum. The administrator shall immediately notify the claimant, the
				alleged discharger and any other affected parties of his
				determination.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VII - New York Environmental Protection And Spill Compensation Fund › Part 402 - Claims Against The Fund For Damages › Section 402.6 - Settlements of claims

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				If the identity of a discharger has been determined pursuant to paragraph
				402.5(a)(4) of this Part, or liability is conceded by an alleged discharger,
				the administrator shall attempt to promote and arrange a settlement between the
				claimant and the person responsible for the discharge.
(1) Failure to participate in the settlement
				negotiations, without good cause, by the claimant shall result in the denial of
				the claim. Failure to participate in the settlement negotiations by the person
				having been determined responsible for the discharge or the person conceding
				liability shall authorize the administrator to enter into a settlement
				agreement with the claimant which shall be binding on the responsible
				party.
(2) Where the claimant and
				known or alleged discharger, if any, agree to the amount of the claim and
				responsibility for the damage, the known or alleged discharger shall pay the
				agreed amount to the claimant and such payment shall not be deemed an admission
				of liability for purposes of any other claim or in any other
				proceeding.
(3) If a settlement
				cannot be achieved pursuant to this section, and a claimant directly presents a
				claim to the fund for payment of damages, the administrator may convene a board
				of arbitration to determine the validity or amount of the claim, and the
				administrator shall convene a board to make such a determination if the alleged
				discharger or other person contests in writing the validity or amount of said
				claim.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VII - New York Environmental Protection And Spill Compensation Fund › Part 403 - Boards Of Arbitration › Section 403.1 - Challenge of cleanup and removal costs

Current through Register Vol. 46, No. 28, July 10, 2024
A person challenging claims for cleanup and removal costs
				  presented to the fund for payment must file a written notice with the
				  administrator no later than seven calendar days after such claim for payment is
				  received by the administrator. Such notice shall state the particular items
				  being challenged and the basis for the challenge.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VII - New York Environmental Protection And Spill Compensation Fund › Part 403 - Boards Of Arbitration › Section 403.2 - Challenge of a damage claim

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Where identity of a discharger has been determined pursuant to paragraph (a)(4)
				of section
				402.5 
				of this Chapter, or liability is conceded by an alleged discharger, any
				challenge by persons of the validity or amount of such a damage claim must be
				filed in writing with the administrator, stating the particular points being
				challenged and the basis for the challenge, prior to the reaching of a
				settlement between the known or alleged discharger and the claimant or, if
				settlement negotiations are unsuccessful, by the end of the 20-day period set
				forth in subdivision
				402.6(b) 
				of this Chapter.
(b) Where a
				claimant has not set forth the name of a person alleged to have caused the
				discharge, and the administrator cannot determine the source of the discharge,
				any challenge by persons of the validity or amount of such a damage claim must
				be filed in writing with the administrator, stating the particular points being
				challenged and the basis for the challenge, prior to the reaching of a
				settlement between the claimant and the administrator.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VII - New York Environmental Protection And Spill Compensation Fund › Part 403 - Boards Of Arbitration › Section 403.3 - Designation of arbitrators by principals

Current through Register Vol. 46, No. 28, July 10, 2024
Principals may redesignate arbitrators which have been
				  designated pursuant to section 185 (2)(a)  of the Navigation
				  Law at any time prior to the convening of a specific board of arbitration by
				  filing written notice upon the administrator.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VII - New York Environmental Protection And Spill Compensation Fund › Part 404 - Disbursements From The Fund › Section 404.1 - Certification of vouchers for cleanup and removal

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioners of the Department of Transportation and the
				  Department of Environmental Conservation, or their designated representatives,
				  shall both sign the certification form for vouchers submitted for the costs
				  associated with the activities of cleanup and removal. The vouchers shall be
				  submitted to the administrator together with a schedule of time and materials
				  used in the cleanup and removal operations.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VII - New York Environmental Protection And Spill Compensation Fund › Part 404 - Disbursements From The Fund › Section 404.2 - Approval of research contracts or actions

Current through Register Vol. 46, No. 28, July 10, 2024
Any contracts or actions by State personnel related to
				  research, as provided for by subdivisions 2(b) and 2(d) of section 186  of the Navigation Law, shall first be
				  approved by the administrator.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VII - New York Environmental Protection And Spill Compensation Fund › Part 404 - Disbursements From The Fund › Section 404.3 - Precedence of cleanup and removal claims

Current through Register Vol. 46, No. 28, July 10, 2024
Payment of the full cost of cleanup and removal shall take
				  precedence over the payment of damage claims relating to a specific
				  discharge.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VII - New York Environmental Protection And Spill Compensation Fund › Part 404 - Disbursements From The Fund › Section 404.4 - Payment of damages

Current through Register Vol. 46, No. 28, July 10, 2024
The payment of damages shall be made by the State Comptroller
				  based upon a schedule stating the payee's name, address and amount, signed by
				  the administrator.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VIII - New York State Social Security Agency › Part 500 - Deposit Of Employer/employee Contributions With The New York State Social Security Agency › Section 500.1 - Background

Current through Register Vol. 46, No. 28, July 10, 2024
Section 144  of the Retirement and Social Security
				  Law empowers the Director of the New York State Social Security Agency to
				  prescribe such regulations as may be required for the effective administration
				  of the provisions of article 3 of the Retirement and Social Security Law. Both
				  the State and its political subdivisions must deposit with the agency
				  contributions with respect to wages of its employees so covered. Section 138  of the Retirement and Social Security
				  Law directs that the deposit be made at such time or times as the director of
				  the agency may prescribe in his regulations. Section 140  of the Retirement and Social Security
				  Law provides for recovery of those amounts due from political subdivisions,
				  which are unpaid after the due date for their payment, with interest computed
				  at the rate established by the Federal Social Security Act (section 418 of title 42 of the United States Code). This Part is promulgated to establish a
				  procedure for the deposit of contributions by the State and its political
				  subdivisions with the agency.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VIII - New York State Social Security Agency › Part 500 - Deposit Of Employer/employee Contributions With The New York State Social Security Agency › Section 500.2 - Date of deposit

Current through Register Vol. 46, No. 28, July 10, 2024
Contributions by the State and its political subdivisions
				  will be considered to be deposited on the date that such contribution is
				  received by the agency in Albany, New York.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VIII - New York State Social Security Agency › Part 500 - Deposit Of Employer/employee Contributions With The New York State Social Security Agency › Section 500.3 - Due date of deposit

Current through Register Vol. 46, No. 28, July 10, 2024
Effective for those payrolls paid on or subsequent to January
				  1, 1984, the due date of deposit shall be:
(a) for a payroll which had been paid at any
				time between the 1st and 15th day of a month, inclusive, the 21st day of that
				month; or
(b) for a payroll which
				has been paid at any time between the 16th and last calendar day of a month,
				inclusive, the 6th day of the subsequent month.
A due date of payment which falls on a Saturday, Sunday, or a
				  legal holiday observed by the State of New York will be extended to the next
				  business day. A contribution received subsequent to the due date of deposit is
				  a delinquent payment.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VIII - New York State Social Security Agency › Part 500 - Deposit Of Employer/employee Contributions With The New York State Social Security Agency › Section 500.4 - Interest assessments on delinquent payments

Current through Register Vol. 46, No. 28, July 10, 2024
Interest will be assessed on delinquent payments, to be
				  computed as established, and at the rate in force at the time of said
				  delinquency, by the Federal Social Security Act (42 U.S.C.A. section 301  et.
				  seq.). Such rate shall be applied on a per diem basis based on the number of
				  days from the final due date established for such payment by the Federal Social
				  Security Act through and inclusive of the date such payment is credited to the
				  account of the Secretary of the Treasury of the United
				  States.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VIII - New York State Social Security Agency › Part 500 - Deposit Of Employer/employee Contributions With The New York State Social Security Agency › Section 500.5 - Effective date

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall be effective commencing with the first
				  payroll period of the State and each political subdivision which is paid on or
				  subsequent to January 1, 1984.
New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Appendices › Appendix 10 - Introduction and objective

Current through Register Vol. 46, No. 28, July 10, 2024
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New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Appendices › Appendix 17

Current through Register Vol. 46, No. 28, July 10, 2024
Image
________
Form was amended to change Comptroller's address to Office of
				Unclaimed Funds, Remittance Control, 110 State St., Albany, NY 12236-0001. Form
				was unavailable at time of publication.
New York Codes, Rules and Regulations › Title 3 - BANKING › Chapter I - GENERAL REGULATIONS OF THE SUPERINTENDENT › Part 1 - Banking Board: Selection Of Candidates With Banking Experience › Section 1.2 - Approval of governor

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall become effective on the first day of the
				  month following its approval by the Governor. [Approved by Governor April 28,
				  1969.]
New York Codes, Rules and Regulations › Title 3 - BANKING › Chapter I - GENERAL REGULATIONS OF THE SUPERINTENDENT › Part 2 - Banking Board: Procedure In Removal Proceedings › Section 2.1 - Rights of parties

Current through Register Vol. 46, No. 28, July 10, 2024
Parties to removal proceedings before the Banking Board shall
				  at all stages thereof have all fundamental rights, including the rights of
				  counsel, cross-examination, presentation of evidence, objection and
				  motion.
New York Codes, Rules and Regulations › Title 3 - BANKING › Chapter I - GENERAL REGULATIONS OF THE SUPERINTENDENT › Part 2 - Banking Board: Procedure In Removal Proceedings › Section 2.2 - Notice of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Upon receipt by the Banking Board from the superintendent of any certification
				of facts pursuant to Banking Law, section
				41, the Banking Board shall cause notice to
				be served as provided in said section, and shall cause a copy of such notice to
				be served upon the superintendent.
(b) Such notice shall specify when and where
				a hearing is to be held. Such hearing shall be held not less than 30 days from
				the date of service of such notice upon the director, trustee or officer sought
				to be removed (hereinafter referred to as the "respondent"), unless the
				respondent or the superintendent shall in writing, for good cause shown,
				request a hearing at an earlier date, in which event the Banking Board may, in
				its discretion, direct a hearing at such earlier date.
(c) A copy of the superintendent's
				certification and of this Part shall be annexed to the aforesaid notices served
				pursuant to Banking Law, section
				41.
New York Codes, Rules and Regulations › Title 3 - BANKING › Chapter I - GENERAL REGULATIONS OF THE SUPERINTENDENT › Part 2 - Banking Board: Procedure In Removal Proceedings › Section 2.3 - Answer

Current through Register Vol. 46, No. 28, July 10, 2024
The respondent may file an answer to the superintendent's
				  certification within 20 days after service upon the respondent of the notice of
				  hearing. The answer shall be filed with the Banking Board, and the Banking
				  Board shall serve a copy thereof on the superintendent.
New York Codes, Rules and Regulations › Title 3 - BANKING › Chapter I - GENERAL REGULATIONS OF THE SUPERINTENDENT › Part 2 - Banking Board: Procedure In Removal Proceedings › Section 2.4 - Hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The respondent
				and the superintendent shall appear for hearing before the Banking Board at the
				place and time fixed in the notice of hearing.
(b) If it shall appear at the hearing that
				there are material disputed issues of fact, or if the superintendent or
				respondent requests oral testimony, or if the Banking Board for any reason
				desires oral testimony, the Banking Board shall direct that sworn evidence be
				taken, either before itself or before a hearing officer designated by the
				Banking Board.
New York Codes, Rules and Regulations › Title 3 - BANKING › Chapter I - GENERAL REGULATIONS OF THE SUPERINTENDENT › Part 2 - Banking Board: Procedure In Removal Proceedings › Section 2.5 - Hearing officer

Current through Register Vol. 46, No. 28, July 10, 2024
The Banking Board may designate a hearing officer to take any
				  evidence for the Banking Board. The hearing officer shall be a member of the
				  Banking Board other than the superintendent. The hearing officer shall have all
				  powers necessary for the taking of evidence, including but not limited to the
				  following powers:
(a) to fix the time
				or times when, and the place or places where, the evidence shall be
				taken;
(b) to regulate the course
				of the hearings and the conduct of the parties and their counsel;
(c) to consider and rule upon all objections
				to evidence and motions regarding the same, and to receive any offers of
				proof.
New York Codes, Rules and Regulations › Title 3 - BANKING › Chapter I - GENERAL REGULATIONS OF THE SUPERINTENDENT › Part 2 - Banking Board: Procedure In Removal Proceedings › Section 2.6 - Transcripts

Current through Register Vol. 46, No. 28, July 10, 2024
All hearings, whether before the Banking Board or a hearing
				  officer, shall be stenographically recorded and transcribed. Copies of such
				  transcript may be purchased from the reporter by the respondent and the
				  superintendent.
New York Codes, Rules and Regulations › Title 3 - BANKING › Chapter I - GENERAL REGULATIONS OF THE SUPERINTENDENT › Part 2 - Banking Board: Procedure In Removal Proceedings › Section 2.7 - Briefs and argument after taking evidence

Current through Register Vol. 46, No. 28, July 10, 2024
After the evidence has been taken, whether before the Banking
				  Board itself or a hearing officer, and within such time as may be fixed by the
				  Banking Board or the hearing officer as the case may be, the respondent and the
				  superintendent shall be afforded an opportunity to file briefs and proposed
				  findings with, and shall be allowed oral argument before, the Banking Board or
				  the hearing officer as the case may be.
New York Codes, Rules and Regulations › Title 3 - BANKING › Chapter I - GENERAL REGULATIONS OF THE SUPERINTENDENT › Part 2 - Banking Board: Procedure In Removal Proceedings › Section 2.8 - Hearing officer's report

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If
				the evidence has been taken before a hearing officer, he shall, after
				considering the briefs and proposed findings that may have been filed with him
				and any oral argument that may have been made before him, make and file a
				report with the Banking Board, and shall thereupon serve a copy of such report
				on the respondent and on the superintendent. Such report shall contain:
(1) recommended findings of fact, together
				with the page numbers of the transcript supporting those findings;
(2) recommended conclusions of law;
(3) any statement as to the credibility of
				witnesses that the hearing officer may deem desirable.
New York Codes, Rules and Regulations › Title 3 - BANKING › Chapter I - GENERAL REGULATIONS OF THE SUPERINTENDENT › Part 2 - Banking Board: Procedure In Removal Proceedings › Section 2.9 - Exceptions to hearing officer's report and argument thereon

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within 15 days after service of the
				hearing officer's report, the respondent and the superintendent may
				respectively serve upon each other, and file with the Banking Board, exceptions
				to the report and briefs in support of the exceptions. Answering briefs may be
				served and filed with the Banking Board within 15 days after service of the
				original brief. Argument in opposition to recommended findings of fact shall
				include specific page references to the transcript.
(b) If either the respondent or
				superintendent desires oral argument before the Banking Board, written request
				therefor shall be made no later than the last date for filing briefs. Upon such
				request, or on its own motion, the Banking Board shall direct oral argument and
				shall serve notice upon the respondent and the superintendent of the time when
				and the place where such oral argument shall be heard.
New York Codes, Rules and Regulations › Title 3 - BANKING › Chapter I - GENERAL REGULATIONS OF THE SUPERINTENDENT › Part 2 - Banking Board: Procedure In Removal Proceedings › Section 2.10 - Service of all papers

Current through Register Vol. 46, No. 28, July 10, 2024
Except as otherwise provided by statute:
(a) All papers to be served upon the
				superintendent may be served personally or by registered mail upon him, upon
				such deputy superintendent as he may designate for that purpose, or upon his
				attorney of record in the proceeding.
(b) All papers to be served upon the
				respondent may be served personally or by registered mail upon such respondent
				or upon his attorney of record.
(c)
				All papers to be filed with the Banking Board shall be filed with the secretary
				thereof.
New York Codes, Rules and Regulations › Title 3 - BANKING › Chapter I - GENERAL REGULATIONS OF THE SUPERINTENDENT › Part 2 - Banking Board: Procedure In Removal Proceedings › Section 2.11 - Copies of papers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
				certification of facts filed by the superintendent shall be filed in sufficient
				copies so that, after service of copies thereof as provided in section
				2.2  of this
				Part, 16 copies thereof shall remain with the Banking Board.
(b) There shall be filed 16 copies of any
				other documents or papers filed with the Banking Board.
(c) The requirement as to copies shall not
				apply to transcripts of testimony or exhibits, the number of copies of which
				shall be prescribed by the Banking Board for each individual case.
(d) If any party shall in any particular case
				deem the filing of the required number of copies to be onerous, he may make
				written application upon good cause to the Banking Board, or to such member or
				members as it may designate, for leave to file a lesser number of
				copies.
New York Codes, Rules and Regulations › Title 3 - BANKING › Chapter I - GENERAL REGULATIONS OF THE SUPERINTENDENT › Part 2 - Banking Board: Procedure In Removal Proceedings › Section 2.12 - Counsel

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Banking
				Board may retain counsel to advise and assist it, or the hearing officer, in
				the conduct of the proceedings and the preparation of any documents. The name
				of such counsel shall be placed upon the record at the outset of the
				hearings.
(b) The appearance of any
				party by attorney shall be noted by filing with the Banking Board a statement
				signed by the party setting forth the name and address of such
				attorney.
New York Codes, Rules and Regulations › Title 3 - BANKING › Chapter I - GENERAL REGULATIONS OF THE SUPERINTENDENT › Part 2 - Banking Board: Procedure In Removal Proceedings › Section 2.13 - Extension of time

Current through Register Vol. 46, No. 28, July 10, 2024
The Banking Board, or such member or members as it may
				  designate, may extend the time for the commencement or continuance of any
				  hearing before the Banking Board, or for the service and filing of any paper or
				  document authorized or required by this Part to be filed with the Banking
				  Board.
New York Codes, Rules and Regulations › Title 3 - BANKING › Chapter I - GENERAL REGULATIONS OF THE SUPERINTENDENT › Part 2 - Banking Board: Procedure In Removal Proceedings › Section 2.14 - Construction

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall be liberally construed and shall not be
				  deemed to limit the powers conferred on the Banking Board by the Banking
				  Law.
New York Codes, Rules and Regulations › Title 3 - BANKING › Chapter I - GENERAL REGULATIONS OF THE SUPERINTENDENT › Part 3 - False Reporting › Section 3.1 - Making of false entries and omission of true entries

Current through Register Vol. 46, No. 28, July 10, 2024
No director, trustee or officer of any corporate banking
				  organization or bank holding company (as such term is defined in Banking Law,
				  § 141), and no person or persons in charge of, and no officer of, a branch
				  of a foreign banking corporation, shall knowingly make or cause to be made any
				  false entry in any book, report or statement of such corporate banking
				  organization or branch, nor shall any such director, trustee, officer or person
				  knowingly omit or cause to be omitted therefrom a true entry of any material
				  particular pertaining to the business of such corporate banking organization or
				  branch, which false entry or omission is intended or may reasonably be expected
				  to deceive or mislead any director, trustee or officer of such corporate
				  banking organization or branch, or the superintendent or any deputy
				  superintendent or any examiner or other employee of the
				  department.
New York Codes, Rules and Regulations › Title 3 - BANKING › Chapter I - GENERAL REGULATIONS OF THE SUPERINTENDENT › Part 3 - False Reporting › Section 3.2 - Banking board's findings

Current through Register Vol. 46, No. 28, July 10, 2024
The Banking Board hereby finds that violation of any of the
				  provisions of section
				  3.1 
				  of this Part:
(a) is inconsistent with
				and prejudicial to the safe and sound conduct of the business of banking
				organizations;
(b) is inconsistent
				with and prejudicial to the interest of the public, and is inconsistent with
				and prejudicial to the interests of depositors, creditors, shareholders and
				stockholders, as the case may be and
(c) constitutes an unsafe manner of
				conducting the business of banking organizations.
New York Codes, Rules and Regulations › Title 3 - BANKING › Chapter I - GENERAL REGULATIONS OF THE SUPERINTENDENT › Part 3 - False Reporting › Section 3.3 - Violation basis for removal proceeding

Current through Register Vol. 46, No. 28, July 10, 2024
The Banking Board hereby finds that violation of any of the
				  provisions of section
				  3.1 
				  of this Part by any director, trustee, officer or other person, as described in
				  such section affords a proper basis for a removal proceeding pursuant to the
				  provisions of Banking Law, section
				  41, upon certification by the superintendent,
				  in his discretion, of the facts relating to such violation.