New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter VI - Miscellaneous › Subchapter A - General Rules › Part 335 - Charitable Contributions Through State Employees Federated Appeals › Section 335.9 - Revocation of eligibility of a participant and appeal process

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Beginning in
					 2008, and at least annually thereafter, the statewide SEFA council shall
					 require any or all unaffiliated participants, federations of charitable
					 organizations, or constituent organizations, to certify and provide information
					 required under section
					 335.6(b) of this
					 Part in order to assure their continued compliance with State and Federal laws
					 and regulations. If upon application by a local SEFA committee, or upon its own
					 motion, the statewide SEFA council, determines that a SEFA participant has not
					 maintained the eligibility qualifications of this Part or requirement of the
					 laws of the State of New York or the United States, such participant shall be
					 removed from the annual solicitation campaign by majority vote of the statewide
					 SEFA council. If such participant is removed, distribution of all funds to such
					 participant shall be stopped, and all reasonable efforts will be made to inform
					 affected donors of such removal and to give them an opportunity to withdraw
					 payroll deduction authorization for contributions to such participant. The
					 funds designated for the removed participant that have been collected, or that
					 are received after the participant is removed, shall be identified and
					 distributed in accordance with section
					 335.10(b) of this
					 Part.
(b) If a participant fails to
					 receive any contributions in any campaign area in the three previous general
					 solicitation campaigns, then such participant may be removed from the annual
					 solicitation campaign by a majority vote of the statewide SEFA
					 council.
(c) Removal shall be
					 subject to the following terms and conditions:
(1) The determination to remove a participant
					 shall occur during the first quarter of the calendar year.
(2) The statewide SEFA council may require
					 the submission of any additional statements or materials from any committee or
					 the participant to aid in its determination of whether or not to remove the
					 participant. Failure to timely provide requested submissions or materials may
					 be considered in the decision to remove a participant.
(3) The decision to remove a participant
					 shall contain a written justification. This justification shall be supported by
					 specific references to the eligibility requirements set forth in section
					 335.6 of this Part or the minimum
					 contribution requirements set forth in this section as well as timely
					 submission of materials to the SEFA council. In addition, the justification
					 shall indicate the actual vote of the statewide SEFA council on the question of
					 continued eligibility and shall include the rationale or statement of any
					 dissenting member.
(4) A copy of
					 the removal determination shall be provided to the participant, any federation
					 of charitable organizations to which the participant is a constituent
					 organization, the federated community campaign for the campaign area where
					 participation is removed, and the statewide SEFA council.
(5) Any participating charitable
					 organization, federation of charitable organizations or federated community
					 campaign receiving notice of a determination of removal may appeal such
					 determination in accordance with article 78 of the Civil Practice Law and
					 Rules. The commissioner is a necessary party to an appeal made in accordance
					 with article 78 of the Civil Practice Law and Rules.
(6) A participant removed from participation
					 in the SEFA annual solicitation campaign shall be deemed to have been removed
					 from participation in all campaign areas in which it was previously eligible to
					 participate.