reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 472 - Combined Ballistic Identification System (cobis) Rules › Section 472.6 - Responsibilities of the division of state police

Current through Register Vol. 46, No. 28, July 10, 2024
(a) On and after January 1, 2001, the New
				York State Police will operate an automated electronic databank containing
				pertinent data and other ballistic information relevant to the identification
				of shell casings, and the pistols and revolvers from which they were
				discharged, for all new pistols and revolvers delivered to a dealer in firearms
				on or after March 1, 2001.
(b) On
				and after January 1, 2001, the New York State Police will operate a minimum of
				six regional CoBIS centers, which shall provide services to dealers in firearms
				for the collection of ballistic samples as required by section 396-ff of the
				New York State General Business Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 472 - Combined Ballistic Identification System (cobis) Rules › Section 472.7 - Operation of regional cobis centers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Locations. Regional CoBIS centers shall
				be maintained and operated at the following locations and at other permanent or
				temporary locations deemed appropriate by the superintendent:
(1) New York State Police Forensic
				Investigation Center
Building 30, 1220 Washington Avenue
Albany, NY 12226-3000
(518) 457-1208
(2) New York State Police Troop A
				Headquarters
4525 West Saile Drive
Batavia, NY 14020-1095
(716) 343-2200
(3) New York State Police Troop B
				Headquarters
Route 86, Box 100
Ray Brook, NY 12977-0100
(518) 897-2000
(4) New York State Police Troop D
				Headquarters
Route 5, P.O. Box 30
Oneida, NY 13421-0030
(315) 366-6000
(5) New York State Police Troop F
				Headquarters
Crystal Run Road
Middletown, NY 10941-9755
(845) 344-5300
(6) New York State Police Troop L
				Headquarters
7140 Republic Airport
Farmingdale, NY 11735-1597
(631) 756-3300
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 472 - Combined Ballistic Identification System (cobis) Rules › Section 472.8 - Inquiries regarding cobis

Current through Register Vol. 46, No. 28, July 10, 2024
Questions regarding this Part and other inquiries regarding
				  the CoBIS program may be directed to the CoBIS officer at CoBIS
				  headquarters.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 473 - Criminal Gun Clearinghouse Rules and Municipal Gun Buyback Rules › Subpart 473-1 - Criminal Gun Clearinghouse Rules › Section 473-1.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
The Division of State Police is responsible for the
					 establishment and operation of a criminal gun clearinghouse pursuant to the
					 provisions of subdivision 4 of section 230 of the New York State Executive Law.
					 This criminal gun clearinghouse shall be a central repository of information on
					 all guns seized, forfeited, found or otherwise coming into the possession of
					 any State or local law enforcement agency which are believed to have been used
					 in the commission of a crime.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 473 - Criminal Gun Clearinghouse Rules and Municipal Gun Buyback Rules › Subpart 473-1 - Criminal Gun Clearinghouse Rules › Section 473-1.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the following terms shall mean and
					 include:
(a)
Criminal gun
				  clearinghouse.
Criminal gun clearinghouse
means a central
					 repository of information on all guns seized, forfeited, found or otherwise
					 coming into the possession of any State or local law enforcement agency which
					 are believed to have been used in the commission of a crime. It shall include a
					 computer database as well as forensic and investigative
					 assistance.
(b)
New
				  York Statewide Police Information Network (NYSPIN).
The
New York Statewide Police Information Network
					 (NYSPIN)
is the computerized system administered by the Division of
					 State Police as authorized by the New York State Executive Law, sections 217,
					 218, 219 and 220. NYSPIN includes the equipment, facilities, procedures,
					 agreements, and organizations thereof for the collection, processing,
					 preservation, or dissemination of criminal justice
					 information.
(c)
New
				  York State Police Scientific Crime Detection Laboratory.
The
New York State Police Scientific Crime
					 Detection Laboratory
consists of the Forensic Investigation Center,
					 Building #30, 1220 Washington Avenue, Albany, NY 12226-0030; Mid Hudson
					 Regional Crime Laboratory, Stewart Airport, Box 6065, Newburgh, NY 12550;
					 Southern Tier Regional Crime Laboratory, Park Street, P.O. Box 213, Port Crane,
					 NY 13833; and Western Regional Crime Laboratory, 722 Homer Street, Olean, NY
					 14760.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 473 - Criminal Gun Clearinghouse Rules and Municipal Gun Buyback Rules › Subpart 473-1 - Criminal Gun Clearinghouse Rules › Section 473-1.3 - Responsibilities of law enforcement agencies

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon receipt of a gun that is seized,
				  forfeited, found or otherwise comes into the possession of a law enforcement
				  agency in this State and which is believed to have been used in the commission
				  of a crime, such law enforcement agency shall make notification to the Criminal
				  Gun Clearinghouse via NYSPIN. A formatted terminal message has been provided
				  for this purpose and shall be completed in accordance with NYSPIN procedures
				  and with the NYSPIN rule (Part 486 of this Title).
(b) In any case where a State or local law
				  enforcement agency investigates the commission of a crime in this State and a
				  specific gun is known to have been used in such crime, but the source of such
				  gun is not known, the agency shall, in addition to the above notification:
(1) request the national tracing center of
				  the United States Treasury, Bureau of Alcohol, Tobacco and Firearms (BATF) to
				  trace the movement of such gun; and
(2) request BATF to provide the
				  Superintendent of State Police with a copy of the results of such trace, in
				  addition to any copies provided to the original requesting agency.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 473 - Criminal Gun Clearinghouse Rules and Municipal Gun Buyback Rules › Subpart 473-1 - Criminal Gun Clearinghouse Rules › Section 473-1.4 - Responsibilities of the Division of State Police

Current through Register Vol. 46, No. 28, July 10, 2024
The Division of State Police will:
(a) maintain a computer database of all guns
				  seized, forfeited, found or otherwise coming into the possession of law
				  enforcement agencies and reported to the State Police via NYSPIN;
(b) collect, organize, analyze and
				  disseminate information regarding patterns of illegal gun use within this State
				  and the sources of illegal firearms traffic from other states;
(c) upon request of any law enforcement
				  agency, offer investigative assistance through the Bureau of Criminal
				  Investigation (BCI) in an effort to identify firearms used in specific crimes
				  and to identify patterns of gun trafficking;
(d) upon request of any law enforcement
				  agency, analyze evidence including firearms, projectiles and cartridge casings
				  through the New York State Police Scientific Crime Detection Laboratory, in an
				  effort to identify firearms used in specific crimes and determine the origin of
				  unknown ballistic samples;
(e)
				  provide expert testimony regarding analyses performed at the New York State
				  Police Scientific Crime Detection Laboratory, in connection with criminal
				  cases; and
(f) upon request of any
				  law enforcement agency, query all available databases including the National
				  Integrated Ballistic Image Network (NIBIN) and the New York State Combined
				  Ballistic Identification System (CoBIS).
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 473 - Criminal Gun Clearinghouse Rules and Municipal Gun Buyback Rules › Subpart 473-2 - Municipal Gun Buyback Rules(Rule 22, Municipal Gun Buyback Program of the New York State Police) › Section 473-2.1 - Purpose and scope. (Rule 22.1)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Pursuant to section 233 of the New York
				  State Executive Law the Division of State Police is responsible for
				  promulgating rules and regulations necessary for the administration of the
				  Municipal Gun Buyback Program.
(b)
				  Agencies that apply for and obtain approval from the Division of State Police
				  may receive funding to support a gun buyback program, subject to available
				  appropriations and funds in the Municipal Gun Buyback Fund.
(c) To the extent practicable based upon the
				  applications received and the funding available in the Municipal Gun Buyback
				  Fund, the Division of State Police will endeavor to allocate municipal gun
				  buyback funding throughout the State, with particular emphasis on localities
				  where such buyback programs may be most effective and have the greatest public
				  safety benefit.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 473 - Criminal Gun Clearinghouse Rules and Municipal Gun Buyback Rules › Subpart 473-2 - Municipal Gun Buyback Rules(Rule 22, Municipal Gun Buyback Program of the New York State Police) › Section 473-2.2 - Definitions. (Rule 22.2)

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Subpart (Rule 22), the following terms are
					 defined as follows:
(a)
Agency
means the police force or police department of any
				  county, city, town, or village, or a county Sheriff.
(b)
Municipal Gun Buyback
				  Fund
means the fund established pursuant to section 97-cc of the New
				  York State Finance Law that is held in the joint custody of the State
				  Comptroller and the Commission of Tax and Finance.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 473 - Criminal Gun Clearinghouse Rules and Municipal Gun Buyback Rules › Subpart 473-2 - Municipal Gun Buyback Rules(Rule 22, Municipal Gun Buyback Program of the New York State Police) › Section 473-2.4 - Participation in a program receiving funding from the Municipal Gun Buyback Fund. (Rule 22.4)

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Written application required.
(1) Participation by an agency in a municipal
				  gun buyback program that is to be funded in whole or in part from the Municipal
				  Gun Buyback Fund is not authorized unless a written application has first been
				  submitted to and approved by the Superintendent of State Police, or an
				  authorized designee, pursuant to the provisions of this Subpart (Rule
				  22).
(2) All written applications
				  for participation in a municipal gun buyback program submitted to the Division
				  of State Police must be signed by the chief executive of the applicant agency,
				  or the lead agency if more than one agency will participate in the buyback
				  program.
(3) Applications for
				  participation in a municipal gun buyback program must contain:
(i) The lead agency"TMs name, address, and
				  area of jurisdiction, and if additional agencies are participating in the
				  buyback program the same information for each agency.
(ii) The date and time the program will
				  commence and conclude.
(iii) The
				  location(s) for the Municipal Gun Buyback Program event(s).
(iv) The name, title, and contact information
				  for the agency representative who will administer oversight of the event. This
				  shall include an address, phone number, and e-mail address.
(v) A description of any previous gun buyback
				  programs conducted by the agency, if any, and any other planned gun buyback
				  programs to be conducted in the future.
(vi) A detailed description of all procedures
				  and information required to be included in an application pursuant to
				  subdivisions (a) through (g) of section 473-2.3  (Rule 22.3) of this
				  Subpart.
(vii) The proposed
				  instructions that the agency will provide to the public on how to surrender
				  firearms, rifles, shotguns, ammunition, and/or other weapons as part of the
				  Municipal Gun Buyback Program, including instructions for how and when to
				  transport such items and any documentation individuals should carry on their
				  person and/or other information that should be used to facilitate application
				  of the provisions of subparagraph (f) of paragraph one of subdivision (a) of
				  section 265.20  of
				  the Penal Law when surrendering firearms, rifles, shotguns, ammunition, and/or
				  other weapons as part of the Municipal Gun Buyback Program.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 474 - Sale Of Self-defense Spray Devices › Section 474.1 - Definition

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As used in this
				Part, a self-defense spray device shall have the same meaning as defined in
				Penal Law, section 265.20(a)(14)(A).
(b) As used in this Part, sale shall mean the
				retail sale of a self-defense spray devide to the public for personal use and
				does not apply to wholesale distribution between a manufacturer or its
				representative and a retail vendor authorized below.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 474 - Sale Of Self-defense Spray Devices › Section 474.2 - Persons authorized to sell self-defense spray devices

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The persons authorized to sell
				self-defense spray devices are as follows:
(1) dealers in firearms licensed pursuant to
				Penal Law, section 400.00; and
(2)
				pharmacists licensed pursuant to article 137 of the Education Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 474 - Sale Of Self-defense Spray Devices › Section 474.3 - Form to be executed upon purchase

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Before delivering a self-defense spray
				device to any person, the seller shall require proof of age and a sworn
				statement on a form as described in section
				474.5 
				of this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 474 - Sale Of Self-defense Spray Devices › Section 474.4 - Retention of forms by seller

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Forms executed pursuant to section
				474.3 
				of this Part shall be retained by the seller and maintained on the premises of
				sale for a period of five years. The forms shall be available at all reasonable
				hours for inspection by any peace or police officer acting pursuant to his or
				her special duties. Executed forms may be destroyed after five years.
(b) Forms shall be forwarded to the
				Superintendent of State Police only when:
(1)
				the seller having possession of the forms ceases to be a licensed dealer in
				firearms or licensed pharmacists; or
(2) said person permanently ceases to be
				engaged actively in the selling of firearms or as a pharmacist.
In such cases, and only in such cases, retained forms shall
				  be sent within 30 days to:
Superintendent of State Police
Records Unit
1220 Washington Avenue
Building 22
Albany, NY 12226-2252
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 474 - Sale Of Self-defense Spray Devices › Section 474.5 - Form-certification for the purchase of a self-defense spray device

Current through Register Vol. 46, No. 28, July 10, 2024
CERTIFICATION FOR THE
PURCHASE OF A
SELF-DEFENSE SPRAY DEVICE
(Pursuant to Penal Law, §265.20(a)(15)(B))
Name of Purchaser: ____________ Date of Purchase: / /
Last First M.I.
Date of Birth: / / Height: ________ Weight: ________ Social
				  Security No. ____________
Address: ____________
Street City State Zip Code
County of Residence: ________
Purchaser's Identification: ____________
(Driver's License Number or other identification which shows
				  name, date of birth, place of residence)
____________
Brand of Self-Defense Spray Devices: ____________
Number of Containers Purchased: [ ] 1 [ ] 2 Container Net
				  Weight: ____________
____________
Name of Vendor: ____________ Vendor's License No.:
				  ____________
Address: ____________
Street City State Zip Code
Vendor Type: [ ] Pharmacists [ ] Firearms Dealer
Signature of Vendor
____________
PURCHASER'S VERIFICATION
I, ________, do hereby verify that I am over eighteen years
				  of age, and that I have not been convicted of a felony or an assault in New
				  York, or any other State.
I understand that false statements made herein are punishable
				  as a Class A misdemeanor pursuant to Section 210.45  of the Penal Law.
Signature of Purchaser
This form approved by the Superintendent of State
				  Police
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 475 - Appointment To Position Of Trooper › Section 475.1 - Appointment procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Appointment to the position of trooper in the New York State Police shall be
				made from an eligible list established by competitive examination.
(b) An applicant who is the child or spouse
				of a member of the New York State Police killed in the line of duty, and is
				otherwise qualified, shall have a preferred right to appointment to the State
				Police Academy.
(c) An applicant
				must be a citizen of the United States and be at least 20 years old and no
				older than age 29 on the date of the application deadline for the competitive
				examination. The applicant must also have good moral character, pass a physical
				and mental examination, and meet any other standards set by the superintendent.
				The superintendent may extend the age limit up to six years in recognition of
				active military service as defined under the Military Law.
(d) The superintendent may authorize one or
				more supplemental competitive examinations for individuals who, on the
				application deadline date or on the date of the regular competitive
				examination, are in active military service. Applicants who qualify to take a
				supplemental competitive examination must take the first one offered after
				their release from active military service. An applicant may, if available,
				take a supplemental competitive examination while in active military service.
				Applicants who successfully complete a supplemental competitive examination
				will have their names entered in rank order on the established eligibility
				list.
(e) Candidates for
				appointment, while in active military service, shall retain their rights and
				status on an eligible list. If a candidate's name is reached for further
				processing or appointment while he or she is in active military service, the
				candidate's name shall be placed on a special military eligible list in the
				order of his or her original standing. The State Police shall canvass
				individuals on the special military list for further processing or appointment
				before canvassing individuals on the original or any subsequent eligible
				list.
(f) Candidates whose names
				appear on the special military eligible list shall remain eligible for further
				processing or appointment for a period of two years following the termination
				of active military service or two years following the expiration of the
				original eligible list, whichever is shorter.
(g) All appointments shall be probationary
				for a period that shall include time spent attending the basic school and
				terminate one year after successful completion of the basic school. Upon
				satisfactory completion of the period of probation, appointments will become
				permanent.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 475 - Appointment To Position Of Trooper › Section 475.2 - Termination of services during probationary period

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If a probationary member's conduct,
				performance, physical condition, or health is unsatisfactory during the
				probationary period, the superintendent may terminate the probationary member's
				employment.
(b) The superintendent
				will give a probationary member notice of impending termination one week before
				its effective date. In lieu of this notice, the superintendent may compensate
				the probationary member with an amount equal to one week of the probationary
				member's salary. The superintendent will not give notice, nor grant any
				payment, to a probationary member whose employment is terminated for
				misconduct.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 476 - Appointment To Certain Noncompetitive Positions › Section 476.1 - Appointments of investigative specialists in bureau of criminal investigation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Executive
				Law provides for the assignment of members of the New York State Police to the
				Bureau of Criminal Investigation and for the appointment of investigative
				specialists to the Bureau of Criminal Investigation.
(b) Appointments of investigative specialists
				to the positions of investigator and senior investigator in the Bureau of
				Criminal Investigation may be made by the superintendent when such appointments
				are determined by him to be in the best interests of the New York State
				Police.
(c) For appointment as an
				investigative specialist, an applicant must be of good moral character and must
				have educational and other qualifications determined by the
				superintendent.
(d) Applicants will
				be required to take a noncompetitive examination and must meet such other
				standards as are set by the superintendent.
(e) Appointments shall be probationary for a
				period of 52 weeks.
(f) If the
				conduct, performance, physical condition or health of the member at any time
				during his probationary period is not satisfactory, his employment may be
				terminated by the superintendent.
(g) If the termination of employment by the
				superintendent during the probationary period is for any reason other than
				unsatisfactory conduct, notice shall be given to the probationer one week in
				advance of termination; or, in lieu thereof, a lump sum payment may be made
				equivalent to the salary of the probationer for one week.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 476 - Appointment To Certain Noncompetitive Positions › Section 476.2 - Appointments to certain division positions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Executive Law provides for
				appointment to the positions of counsel, assistant counsel, division physician
				and assistant division physician. Applicants for such positions must be
				citizens of the United States, of good moral character, and must pass a
				physical and mental examination and be certified by a physician as qualified
				physically to perform the duties of the position.
(b) Counsel. For appointment to this
				position, the applicant must be a graduate of a resident law school and a
				member of the bar of the State of New York, and have such other qualifications
				as may be determined by the superintendent.
(c) Assistant counsel. For appointment to
				this position, the applicant must be a graduate of a resident law school and a
				member of the bar of the State of New York, and have such other qualifications
				as may be determined by the superintendent.
(d) Division physician. For appointment to
				the position of division physician, an applicant must possess an M.D. degree,
				be licensed to practice in the State of New York, and have such other
				qualifications as may be determined by the superintendent.
(e) Assistant division physician. For
				appointment to this position, the applicant must possess an M.D. degree, be
				licensed to practice in the State of New York, and have such other
				qualifications as may be determined by the superintendent.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 477 - Appointment To Civilian Positions › Section 477.1 - Competitive class

Current through Register Vol. 46, No. 28, July 10, 2024
Civilian positions in the service of the New York State
				  Police shall be filled pursuant to section 6 of article 5 of the Constitution
				  of the State of New York, so far as practicable, after competitive
				  examination.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 477 - Appointment To Civilian Positions › Section 477.3 - Positions requiring no examination

Current through Register Vol. 46, No. 28, July 10, 2024
By virtue of the character of their duties, it is found
				  impracticable to hold competitive or noncompetitive examinations for the
				  following positions that shall be filled by appointment of the
				  superintendent:
(a)
				cleaners;
(b) laborer.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 477 - Appointment To Civilian Positions › Section 477.4 - Continuation of present appointments

Current through Register Vol. 46, No. 28, July 10, 2024
Civilian employees of the division, now serving, may continue
				  to serve in the respective positions currently held by them.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 477 - Appointment To Civilian Positions › Section 477.5 - Use of civil service competitive lists

Current through Register Vol. 46, No. 28, July 10, 2024
In the discretion of the superintendent and by mutual
				  agreement with the Department of Civil Service, appointments and promotions to
				  positions subject to competitive examination may be made from lists established
				  by the Department of Civil Service.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 478 - Submission And Settlement Of Grievances Of Members › Section 478.1 - Policy

Current through Register Vol. 46, No. 28, July 10, 2024
To promote a cooperative employer-employee relationship
				  between the division and its members, it is the policy of the division to
				  establish and provide for the settlement of disputes through an orderly
				  grievance procedure. For members who are represented by an employee
				  organization, such procedure shall be prescribed by the terms of the collective
				  agreement covering the negotiating unit of such member. Other members of the
				  division excluded from any negotiating unit may address their grievances, in
				  writing, to the superintendent or his designee. Determinations by the
				  superintendent shall be reviewed by the Governor or his designee upon the
				  written request of the member.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 479 - Disciplinary Action › Section 479.1 - Reports of accusations

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever accusations are made by any person, or information
				  is received, that a member has violated any rule, regulation, instruction or
				  order of the New York State Police, the member receiving such accusation or
				  information shall make an official record of its receipt and immediately, by
				  telephone, notify appropriate troop or detail commander or, if he is not
				  available, the acting troop or detail commander. The troop or detail commander
				  will thereafter notify the chief inspector at division headquarters. Every such
				  accusation or information shall be thoroughly investigated, in order to protect
				  the accused member, the division, and the people of the State of New York, and
				  all such investigations shall be handled in accordance with current written
				  division instructions outlining the procedure for reporting and investigating
				  complaints against personnel. A written report shall be prepared without delay
				  in accordance with division instructions. The report shall, whenever possible,
				  include written statements of the complainant or complainants, written
				  statements of witnesses interviewed, and a full and complete written statement
				  of the accused member.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 479 - Disciplinary Action › Section 479.2 - Disposition by troop or detail commander

Current through Register Vol. 46, No. 28, July 10, 2024
The troop or detail commander may dispose of the matter
				  by:
(a) A determination that no action
				is warranted and that the matter is closed. The commander will so inform the
				accused member, in writing, and thereafter shall forward the complete report,
				together with his final adjudication, to the superintendent.
(b) A determination that, in his judgment,
				the penalties which he can impose as a troop or detail commander would not be
				adequate punishment for any violation of the rules, regulations, instructions
				or orders as reported to him. Upon such determination, the commander shall
				forward the complete report to the superintendent.
(c) A determination that, in his judgment,
				the penalties which he can impose as a troop or detail commander will be
				adequate punishment for any proven violation of the rules, regulations,
				instructions or orders as reported to him. Upon such determination, the
				commander shall proceed as follows:
(1) The
				commander shall cause the accused member to appear before him, affording the
				member the right to be represented, if desired, and shall inform him of the
				following:
(i) the commander's decision to
				dispose of the matter;
(ii) the
				penalties that the commander can impose upon a finding of guilt, these
				penalties shall be limited to:
(a) a letter
				of censure; and/or
(b) an
				intra-troop transfer, with the consent of the accused member; and/or
(c) a fine to be expressed in the loss of no
				more than five vacation days to be worked by the member with no additional
				compensation or overtime; and/or
(d) a period of probation not exceeding 90
				days (this probation must be for a definite period of time and must include
				conditions of probation that, if violated, could subject the member, without
				the right of a further inquiry or a hearing, to the imposition of any one or
				more of the penalties that can be imposed by the commander, and/or an
				intra-troop transfer, without the consent of the accused member);
(iii) the member's right to an
				informal inquiry, to be conducted by the troop or detail commander, resulting
				in an adjudication of both the question of guilt and of penalty, if any, to be
				imposed;
(iv) that the commander's
				adjudication after an inquiry will be final; and
(v) that if the member desires informal
				inquiry and adjudication by the commander, the member must execute in writing a
				consent to have the matter adjudicated by the commander and a waiver of any
				right of appeal from the commander's adjudication.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 479 - Disciplinary Action › Section 479.3 - Disposition by superintendent

Current through Register Vol. 46, No. 28, July 10, 2024
When the superintendent receives a report involving
				  accusations against a member that does not contain a final adjudication by the
				  troop or detail commander, the superintendent may dispose of the matter
				  by:
(a) a determination that no action
				is warranted and that the matter is closed. The troop or detail commander and
				the accused member will be so informed in writing; or
(b) a determination that the facts presented
				are sufficient and of such a nature as to warrant:
(1) a letter of censure; or
(2) a letter of censure and probation for a
				period not to exceed 90 days; in the event this action is taken, the troop or
				detail commander and the accused member shall be so informed in writing;
				or
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 479 - Disciplinary Action › Section 479.4 - Options of accused member

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The accused member may, of his own volition, accept the penalty imposed by the
				first deputy superintendent, advising his troop or detail commander orally of
				his decision to accept the penalty imposed and waiving his right to a formal
				hearing. This oral advisement shall be confirmed promptly by memorandum
				directed to the troop or detail commander, who shall forward it promptly to
				division headquarters.
(b) Should
				the accused member wish to have a formal hearing, he shall orally so inform his
				troop or detail commander; the penalty will not be imposed pending the outcome
				of the hearing. He shall further confirm this request by memorandum to his
				troop or detail commander within a period of three days after he is initially
				notified of the findings and penalty imposed. The troop or detail commander
				shall immediately forward this memorandum request to division headquarters; the
				findings of the first deputy superintendent and the penalty imposed shall be
				set aside by the superintendent; thereafter, charges will be prepared and
				served on the accused member. The findings and penalty recommended by the first
				deputy superintendent will not, in any way, be binding on the hearing board;
				the board shall reach an independent determination from the facts presented at
				the hearing.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 479 - Disciplinary Action › Section 479.5 - Preparation of charges

Current through Register Vol. 46, No. 28, July 10, 2024
If: the superintendent determines that charges should be
				  prepared; or the accused member does not accept the penalty imposed as a result
				  of the findings of the first deputy superintendent and requests a hearing; or
				  the findings of the first deputy superintendent are that there is reasonable
				  cause to believe the accused is guilty of the violation alleged and the penalty
				  may involve dismissal or suspension without pay for a period in excess of 30
				  days, or reduction in permanent rank; and it is recommended by the first deputy
				  superintendent that charges be filed, charges shall be prepared, reduced to
				  writing, filed and served on the accused member within 10 days after the
				  signing of such charges by the superintendent and shall include:
(a) the charge, indicating completely the
				law, or the rule, regulation, instruction or order which is alleged to have
				been violated;
(b) specifications
				setting out the information and/or facts substantiating the charge;
(c) the fact that disciplinary action may
				result in separation from the division either temporarily or permanently, or in
				reduction in permanent rank; and
(d) the names and addresses of persons
				preferring the charges or who are witnesses in the matter.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 479 - Disciplinary Action › Section 479.6 - Acknowledgment of charges by accused member

Current through Register Vol. 46, No. 28, July 10, 2024
The accused member will be directed to acknowledge, in
				  writing, the receipt of the charges and the accused member may include in his
				  acknowledgment an answer to the charges. If the accused member requests a
				  formal hearing upon such charges, his request must be made to the
				  superintendent, by memorandum, within eight days of the receipt of the charges.
				  Upon receipt of this memorandum request for a formal hearing, the
				  superintendent shall set a date, within 20 days after this request is received
				  and give notice to the accused by memorandum. At any time prior to the hearing,
				  the accused member may submit to the superintendent by memorandum:
(a) a plea of guilty, setting out any
				mitigating or extenuating circumstances and any facts which might tend to
				lessen the penalty; or
(b) a waiver
				of his right to such hearing.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 479 - Disciplinary Action › Section 479.7 - Hearing board

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Hearings
				upon charges against an accused member will be conducted by a hearing board
				consisting of three commissioned officers designated by the
				superintendent.
(b) The presiding
				hearing officer, who shall be of the rank of staff inspector or above, and one
				other officer with a field assignment shall be named and designated by the
				superintendent.
(c) The third
				officer of the board may be named by the certified or recognized employee
				representative organization of any accused member and, if available, he will be
				designated by the superintendent. If the accused member is a commissioned
				officer, the designated third officer of the board shall be of equal or higher
				rank than that of the accused member.
(d) If, after designation as a member of a
				hearing board, any officer feels constrained to disqualify himself for cause,
				he shall so advise the superintendent and the superintendent may then designate
				a replacement.
(e) After
				designation, and prior to the hearing, designated hearing board officers shall
				refrain from acquainting themselves with any facts or circumstances involving
				the accused member or the subject matter of the hearing, except to review the
				pleadings.
(f) The members of the
				hearing board shall have no ex parte communications regarding the subject of
				the hearing with division counsel, division counsel staff, the accused member's
				attorney, or the member's union representative during the hearing. If the
				presiding officer wishes to consult with division counsel during the hearing,
				the communication shall be made in the presence of the assigned division
				attorney, the accused member's attorney, and the member's union representative.
				The assigned division attorney, the member's attorney, and the member's union
				representative may not participate in any discussion between the presiding
				officer and the division counsel.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 479 - Disciplinary Action › Section 479.8 - Hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) At a hearing,
				the accused member shall have the right to be represented by counsel of his
				choice.
(b) The presiding hearing
				officer shall conduct the hearing and shall make all rulings upon the
				submission of evidence and motions.
(c) The decision of the hearing boarrd shall
				be the result of a majority vote and shall be expressed in written findings and
				recommendations, without reference to, or recording of the voting and without
				inclusion of a dissenting opinion. The hearing board shall make an independent
				decision and shall not be bound by any prior determination or
				recommendation.
(d) After the
				hearing board has concluded its deliberations and has submitted its findings,
				conclusions, and recommendations, in writing, to the superintendent, all
				officers of the hearing board shall refrain from any discussion of any fact or
				matter arising at the hearing or in the deliberations of the hearing board,
				unless the superintendent or counsel for the parties consult them in their
				capacity as officers of the hearing board.
(e) The accused shall be confronted by the
				witnesses against him, given a reasonable opportunity to hear their statements
				under oath and to cross-examine them, in person or by counsel.
(f) The defense counsel shall have an
				opportunity and shall be granted a reasonable time to obtain witnesses and
				other evidence necessary to a proper defense of the accused. Such reasonable
				time for such defense preparation should not extend the commencement of the
				hearing beyond 30 days.
(g) The
				hearing should be conducted in continuous sessions to a conclusion without
				adjournments, except at the discretion of the presiding hearing officer for an
				unusual cause beyond the control of the participants.
(h) The testimony at the hearing shall be
				recorded.
(i) At the conclusion of
				the hearing, the accused member may request to have the findings and
				recommendations of the hearing board submitted to the superintendent for his
				approval, and he may request to have the final decision of the superintendent
				rendered without the transcript of testimony. Such request shall be
				on-the-record and in writing, and it shall be restricted to a waiver of the
				requirement that the transcript of testimony be available to the superintendent
				before his final decision. If such accused member should subsequently petition
				for judicial review of the superintendent's decision, under article 78 of the
				Civil Practice Law and Rules (CPLR), he shall be furnished with a copy of the
				transcript of the testimony.
(j) On
				completion of the hearing, the charges, reports, record of proceedings (if
				transcribed) and the disposition of the hearing shall be filed as a permanent
				part of the personnel record of the accused member.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 479 - Disciplinary Action › Section 479.9 - Failure to request or to appear for hearing

Current through Register Vol. 46, No. 28, July 10, 2024
If the accused member fails to request a hearing within eight
				  days after service of the charges upon him, or fails or refuses to appear for
				  the hearing, or waives his right to such hearing, the superintendent may make
				  findings and impose such disciplinary action as he deems proper. The officer
				  commanding the troop or detail commander of the troop or detail to which the
				  accused member is assigned shall be so notified and shall thereafter be
				  responsible for the immediate notification of the accused
				  member.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 479 - Disciplinary Action › Section 479.10 - Suspension pending hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Pending a hearing, an accused member may be suspended without pay:
(1) after charges have been filed against
				him; or
(2) immediately in an
				emergency situation where, in the judgment of the superintendent, the continued
				status of the member as a police officer may constitute a danger to himself or
				others, and/or the public interest may be seriously jeopardized. In this event,
				charges will be filed as soon as possible after suspension.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 479 - Disciplinary Action › Section 479.11 - Resignation after charges have been served

Current through Register Vol. 46, No. 28, July 10, 2024
An accused member who resigns after charges have been served
				  upon him shall not be entitled to compensation for vacation and/or overtime
				  accruals, except as may be approved by the superintendent.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 479 - Disciplinary Action › Section 479.12 - Reinstatement

Current through Register Vol. 46, No. 28, July 10, 2024
An accused member who has been suspended pending a hearing
				  and is found not guilty of the charges filed against him shall be entitled to
				  be immediately reinstated to his position and to receive back-pay for the
				  period he was suspended.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 479 - Disciplinary Action › Section 479.13 - Penalties

Current through Register Vol. 46, No. 28, July 10, 2024
If the accused member is found guilty of any of the charges,
				  he shall not be entitled to back-pay for the period he was suspended,
				  notwithstanding the fact that he has been restored to his position. Upon a
				  finding of guilty on one or more charges, any of the following penalties may be
				  imposed:
(a) reprimand and/or
				probation for a specific period not to exceed six months;
(b) fine not exceeding $100 that shall be
				deducted from the salary of the member and/or probation for a specific period
				not to exceed six months;
(c) a
				requirement that the member pay for property lost or damaged as a result of
				negligence of the member, not to exceed $100, and/or fine not exceeding $100,
				and/or probation for a specific period not to exceed six months, and/or
				suspension without pay for a period not to exceed 60 days;
(d) suspension without pay for a specific
				period not to exceed 60 days and/or probation for a specific period not to
				exceed six months from the time of his reinstatement. Whenever suspension
				without pay is the penalty or part of the penalty imposed, any period of time
				the member was under suspension without pay, pending the adjudication of his
				case, may be deducted from the total period of suspension provided for in the
				penalty;
(e) demotion in permanent
				rank with corresponding reduction in pay and/or probation for a specific period
				not to exceed six months; or
(f)
				dismissal.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 479 - Disciplinary Action › Section 479.14 - Applicability of this part

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part shall apply to all disciplinary
				  actions commenced upon or after the date of approval by the Governor in
				  accordance with subdivision 3 of section 215 of article 11 of the Executive Law
				  and to all disciplinary actions commenced prior to such effective date but
				  still pending on such date.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle K - New York State Police › Part 480 - Payments To An Owner Or Tenant Or Residential Property Or Commercial Property Upon Their Application For Allowance Of Moving Expenses In Vacating Property Acquired By The Superintendent Of State Police › Section 480.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The law stated above provides that the Superintendent of
				  State Police, with the approval of the Director of the Budget, shall establish
				  and may amend rules and regulations authorizing the payment of reasonable and
				  necessary moving expenses of occupants of property acquired pursuant to such
				  laws and may provide for a schedule of payments in fixed amounts, in lieu of
				  payments of reasonable and necessary actual moving expenses. The following
				  rules and regulations shall apply to making relocation payments to eligible
				  persons for their moving expenses caused by their displacement from real
				  property acquired pursuant to such laws.