reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XVIII - Office of Renewable Energy Siting › Part 900 - Office of Renewable Energy Siting › Subpart 900-8 - Hearing process › Section 900-8.8 - Evidence, burden of proof and standard of proof

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Evidence.
(1) All evidence submitted shall be relevant
				  and all rules of privilege shall be observed. However, other rules of evidence
				  need not be strictly applied. Hearsay evidence may be admitted if it falls
				  within one or more of the exceptions provided by CPLR Article 45 or other law,
				  or is shown to be reasonably reliable, relevant and probative.
(2) Although relevant, evidence may be
				  excluded if its value as proof is substantially outweighed by a potential for
				  unfair prejudice, confusion of the issues, undue delay, waste of time or
				  needless presentation of repetitious or duplicative evidence.
(3) Where a part of a document is offered as
				  evidence by one party, any party may offer the entire document as
				  evidence.
(4) Each witness shall be
				  sworn or make an affirmation before testifying. Opening, closing and other
				  unsworn statements are not evidence but shall be considered as arguments
				  bearing on evidence.
(5) The ALJ or
				  the Executive Director may take official notice of all facts of which judicial
				  notice could be taken and of other facts within the specialized knowledge of
				  the Office. When official notice is taken of a material fact not appearing in
				  the evidence in the record and of which judicial notice could not be taken,
				  every party shall be given notice thereof and, on timely request, be afforded
				  an opportunity, prior to the final decision of the Executive Director, to
				  dispute the fact or its materiality.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XVIII - Office of Renewable Energy Siting › Part 900 - Office of Renewable Energy Siting › Subpart 900-8 - Hearing process › Section 900-8.9 - Ex parte rule

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as
				  provided below, an ALJ shall not directly or through a representative,
				  communicate with any person in connection with any issue that relates in any
				  way to the merits of the proceeding without providing notice and an opportunity
				  for all parties to participate.
(b)
				  An ALJ may consult on questions of law or procedures with supervisors or other
				  staff in the Office of hearings, provided that such supervisors or staff have
				  not been engaged in investigative or prosecutorial functions in connection with
				  the adjudicatory proceeding under consideration or a factually related
				  adjudicatory proceeding.
(c) An ALJ
				  and the Chief ALJ may communicate with any person on ministerial matters, such
				  as scheduling or the location of a hearing.
(d) Parties or their representatives shall
				  not communicate with the ALJ, the Chief ALJ or the Executive Director, or any
				  person advising or consulting with any of them, in connection with any issue
				  without providing proper notice to all the other parties.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XVIII - Office of Renewable Energy Siting › Part 900 - Office of Renewable Energy Siting › Subpart 900-8 - Hearing process › Section 900-8.10 - Payment of hearing costs

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Within thirty (30) days of the last day at which testimony is taken, the
				  applicant shall pay for the cost of: physical accommodations, if not held in
				  Office or department facilities; publishing any required notices; and any
				  necessary stenographic transcriptions. Except that, when a hearing is held
				  pursuant to an Office initiated modification, suspension or revocation, the
				  Office shall be responsible for the costs listed above.
(b) The ALJ may require that the applicant
				  post a bond or other acceptable financial guarantee for the costs of the
				  hearing. Such guarantee shall be provided to the Office prior to commencing the
				  hearing or the hearing shall be adjourned until the guarantee is made
				  available.
(c) If the applicant has
				  not paid the costs of the hearing referred to in subdivision (a) of this
				  section by the date on which the final siting permit is issued, a requirement
				  to submit such payment shall be included as a pre-construction requirement in
				  the final siting permit.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XVIII - Office of Renewable Energy Siting › Part 900 - Office of Renewable Energy Siting › Subpart 900-8 - Hearing process › Section 900-8.11 - Record of the hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				  proceedings at a hearing shall be stenographically reported. The ALJ may
				  arrange for a certified reporter to produce a stenographic transcript of the
				  hearing or may permit the applicant to make such arrangements. When a
				  stenographic transcript is made, an original and two (2) copies of the
				  transcript shall be delivered to the ALJ at the expense of the applicant. At
				  the ALJ's discretion, part or all of the transcripts may also be required in
				  electronic or other form.
(b) The
				  record of the hearing shall include the application (including any supplements
				  to the application) and all notices (including the notice of hearing) and
				  motions; conditions; any affidavit of publication of the notice of hearing; the
				  transcript of the testimony taken at the hearing, the exhibits entered into
				  evidence; any motions, appeals or petitions; any admissions, agreements or
				  stipulations; a statement of matters officially noticed; offers of proof,
				  objections thereto and rulings thereon; proposed findings; and the recommended
				  decision and hearing report; and briefs as may have been filed including any
				  comments on the recommended decision and hearing report filed pursuant to
				  section 900-8.12 of this Part.
(c) As soon as the record becomes available,
				  the ALJ shall assure that a complete and current copy of the record is placed
				  in an accessible location for the parties' reference and/or copying.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XVIII - Office of Renewable Energy Siting › Part 900 - Office of Renewable Energy Siting › Subpart 900-8 - Hearing process › Section 900-8.12 - Final decision

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Recommended decision and hearing report.
(1) The ALJ shall issue a recommended
				  decision and hearing report to the Executive Director and the parties within
				  forty-five (45) days after the close of the record. The report shall include
				  findings of fact, conclusions of law and recommendations on all issues before
				  the ALJ.
(2) All parties to the
				  proceeding have fourteen (14) days after receipt of the recommended decision
				  and hearing report to file comments with the Executive Director. The Executive
				  Director has the sole discretion to authorize responses to comments and any
				  further responsive filings.
(3)
				  Office Staff has fourteen (14) days after receipt of the recommended decision
				  and hearing report to submit to the Executive Director a written summary and
				  assessment of public comments received during the public comment period on
				  issues not otherwise addressed in the recommended decision and hearing
				  report.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XVIII - Office of Renewable Energy Siting › Part 900 - Office of Renewable Energy Siting › Subpart 900-9 › Section 900-9.1 - Final determination on applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Office shall mail to the applicant
				  and its representative, if applicable, a determination in the form of: a
				  permit, including all applicable uniform standards and conditions and any
				  site-specific conditions, or a statement that the permit applied for has been
				  denied, with an explanation for the denial, as follows:
(1) Within six (6) months of the Office
				  deeming the application complete for major renewable energy facilities in which
				  the proposed site is a repurposed site as defined by this Part; or
(2) Within one (1) year of the Office deeming
				  the application complete for all other major renewable energy
				  facilities.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XVIII - Office of Renewable Energy Siting › Part 900 - Office of Renewable Energy Siting › Subpart 900-10 - Compliance Filings › Section 900-10.1 - Office decisions on compliance filings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Compliance filings required pursuant to
				  section 900-10.2 shall be submitted to the
				  Office. The Office shall review the filing and, within sixty (60) days of
				  receipt thereof, inform the permittee as to whether the compliance filing has
				  been approved. The Office shall not issue a Notice to Proceed with Construction
				  until each such filing is received and approved, as necessary.
(1) If the Office determines that a
				  compliance filing cannot be approved, it shall detail all deficiencies
				  identified and any additional information that shall be provided by the
				  permittee.
(2) The permittee shall
				  resubmit the compliance filing within sixty (60) days of receipt of a notice of
				  deficiency. If the permittee believes it will take more than sixty (60) days to
				  address the deficiencies, it shall request an extension of the time to resubmit
				  within thirty (30) days of receipt of the notice of deficiency.
(3) The Office shall review the revised
				  filing and, within sixty (60) days thereof, inform the permittee as to whether
				  the revised filing has been approved.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XVIII - Office of Renewable Energy Siting › Part 900 - Office of Renewable Energy Siting › Subpart 900-10 - Compliance Filings › Section 900-10.2 - Pre-Construction Compliance Filings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Copies of all federal and
				  federally-delegated permits and approvals required for construction and
				  operation of the facility.
(b)
				  Final Decommissioning.
(1) Final
				  Decommissioning and Site Restoration Plan, including a decommissioning and site
				  restoration estimate (for site restoration and decommissioning of all proposed
				  Facility components removed four (4) feet below grade in agricultural land and
				  three (3) feet below grade in non-agricultural land and removal and restoration
				  of access road locations, where appropriate) and proof that the letter(s) of
				  credit (or other financial assurance approved by the ORES) have been obtained
				  in the decommissioning and site restoration estimate amount, as calculated
				  pursuant to section
				  900-6.6(b) of
				  this Part.
(2) Letter(s) of credit
				  (or other financial assurance approved by the ORES) and copies of agreements
				  between the permittee and the Towns, Cities, and Villages, establishing a right
				  for each municipality to draw on the letters of credit dedicated to its portion
				  of the facility shall be provided to the Office of Renewable Energy Siting
				  after one year of facility operation and updated every fifth year thereafter
				  specifying changes (due to inflation or other cost increases) to the structure
				  of the letters of credit (or other financial assurance approved by the
				  ORES).
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XVIII - Office of Renewable Energy Siting › Part 900 - Office of Renewable Energy Siting › Subpart 900-10 - Compliance Filings › Section 900-10.3 - Post-Construction Compliance Filings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any updated information regarding the
				  design, safety and testing for the wind turbines, solar panel, inverters,
				  substation, transformer, and battery storage equipment to be installed during
				  construction as well as information regarding the design, safety, and testing
				  for any equipment installed during facility operation as a replacement of
				  failed or outdated equipment shall be filed within fourteen (14) days of
				  completion of all final post-construction restoration.
(b) As-built plans in both hard and
				  electronic copies shall be filed within nine (9) months of the commencement of
				  commercial operations of the facility and shall include the following:
(1) GIS shapefiles showing all components of
				  the facility (wind turbine locations, solar panel array locations, electrical
				  collection system, substation, buildings, access roads, met towers, point of
				  interconnection, etc.);
(2)
				  Collection circuit layout map; and
(3) Details for all facility component
				  crossings of, and co-located installations of facility components with,
				  existing pipelines: showing cover, separation distances, any protection
				  measures installed, and locations of such crossings and co-located
				  installations.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XVIII - Office of Renewable Energy Siting › Part 900 - Office of Renewable Energy Siting › Subpart 900-11 - Modifying, transferring or relinquishing permits › Section 900-11.1 - Permit modifications requested by Permittee

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An application by the permittee to modify
				  an existing permit including an approved compliance filing shall contain:
(1) A statement, including supporting
				  information, setting forth the proposed permit or approved compliance filing
				  modifications, identifying the existing condition(s) the permittee is
				  requesting to be modified and whether the permittee considers such change to be
				  a minor or major modification; and
(2) A statement that there are no outstanding
				  permit violations at the facility.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XVIII - Office of Renewable Energy Siting › Part 900 - Office of Renewable Energy Siting › Subpart 900-11 - Modifying, transferring or relinquishing permits › Section 900-11.2 - Transfers of Permit and Pending Applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A permit in effect may only be
				  transferred to a person, as defined by section
				  900-1.2(bf) of
				  this Part, who agrees in writing to comply with the terms, limitations, or
				  conditions contained in the permit, and upon the approval of the
				  Office.
(b) Applications for the
				  transfer of permits in effect, or pending permit applications, to a different
				  permittee or applicant, or to change the name of the permittee or applicant,
				  shall be submitted to the Office and shall contain:
(1) A statement of the reasons supporting the
				  transfer;
(2) A statement showing
				  the transferee is qualified to carry out the provisions of the permit or any
				  pending permit application and requirements of this Part;
(3) A verification by all parties to the
				  proposed transfer;
(4) If required
				  by the Office, a copy of the proposed transfer agreement; and
(5) Name, address, telephone number and
				  electronic mail address of an employee or representative of the permittee or
				  applicant from whom further information may be obtained.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XVIII - Office of Renewable Energy Siting › Part 900 - Office of Renewable Energy Siting › Subpart 900-11 - Modifying, transferring or relinquishing permits › Section 900-11.3 - Relinquishments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A person may
				  relinquish a permit by sending a written notification to the Office. The
				  notification shall:
(1) Identify the permit
				  to be relinquished by its permit number;
(2) State why the permit is being
				  relinquished;
(3) Describe how the
				  provisions and conditions of the permit have been satisfied; and
(4) Provide an explanation of any remaining
				  actions required at the site or facility prior to terminating the
				  permit.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XVIII - Office of Renewable Energy Siting › Part 900 - Office of Renewable Energy Siting › Subpart 900-11 - Modifying, transferring or relinquishing permits › Section 900-11.4 - Permit Modifications by the Office

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Permits may be modified or terminated on
				  the basis of any of the following:
(1)
				  Materially false or inaccurate statements in the permit application, compliance
				  filings or supporting papers;
(2)
				  Failure by the permittee to comply with any terms or conditions of the permit
				  conditions, orders of the Executive Director, or any provisions of law or
				  regulations related to the permitted activity;
(3) Exceeding the scope of the project as
				  described in the permit application; or
(4) Newly discovered material information or
				  a material change in environmental conditions, relevant technology or
				  applicable law or regulations since the issuance of the existing
				  permit.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XVIII - Office of Renewable Energy Siting › Part 900 - Office of Renewable Energy Siting › Subpart 900-13 › Section 900-13.1 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or its application to any
					 person or circumstance is determined to be contrary to law by a court of
					 competent jurisdiction, such determination does not affect or impair the
					 validity of the other provisions of this Part or the application to other
					 persons and circumstances.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XVIII - Office of Renewable Energy Siting › Part 900 - Office of Renewable Energy Siting › Subpart 900-14 › Section 900-14.1 - Effective date

Current through Register Vol. 46, No. 28, July 10, 2024
This Part applies to applications received by the Office on
					 or after the effective date of this Part.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XVIII - Office of Renewable Energy Siting › Part 900 - Office of Renewable Energy Siting › Subpart 900-15 › Section 900-15.1 - Material Incorporated by Reference

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Acoustical Society of America.
(1) The following publications accredited by
				  the American National Standards Institute (ANSI) and published by the
				  Acoustical Society of America (ASA) are incorporated herein by reference:
(i) Guide to the Evaluation of Human Exposure
				  to Vibration in Buildings, publication date April 4, 1983, reaffirmed June 19,
				  2020 (ANSI/ASA Standard S2.71-1983);
(ii) Quantities and Procedures for
				  Description and Measurement of Environmental Sound-Part 3: Short-term
				  Measurements with an Observer Present, publication date 2013, reaffirmed June
				  29, 2018 (ANSI/ASA S12.9-2013/ Part 3);
(iii) Quantities and Procedures for
				  Description and Measurement of Environmental Sound. Part 4: Noise Assessment
				  and Prediction of Long-term Community Response, publication date 2005,
				  reaffirmed June 19, 2020 (ANSI/ASA S12.9-2005/Part 4);
(iv) Methods to Define and Measure the
				  Residual Sound in Protected Natural and Quiet Residential Areas, publication
				  date 2014, reaffirmed May 28, 2020 (ANSI/ASA S3/SC1.100-2014-ANSI/ASA
				  S12.100-2014); and
(v) Acoustics -
				  Attenuation of Sound During Propagation Outdoor-Part 2: General Method of
				  Calculation, publication date 2012, reaffirmed June 22, 2020, (ANSI/ASA
				  S12.62-2012 /ISO 9613-2:1996 (MOD).
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XVIII - Office of Renewable Energy Siting › Part 900 - Office of Renewable Energy Siting › Subpart 900-15 › Section 900-15.2 - Office Address

Current through Register Vol. 46, No. 28, July 10, 2024
The materials referenced above are available for public
					 inspection and copying at the Office of Renewable Energy Siting, New York State
					 Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, NY
					 12231-0001.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XVIII - Office of Renewable Energy Siting › Part 905 - Eligible professions for the purchase, sale, and use of body armor › Section 905.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) "Body armor"
				has the same meaning as set forth in Article 270 of the Penal Law.
(b) "Department" means the Department of
				State.
(c) "Duties" means any
				obligation or responsibility associated with a profession upon which employment
				or engagement in such profession is contingent.
(d) "Eligible profession" means police
				officers, as defined in section 1.20  of the Criminal Procedure Law, peace
				officers as defined in section 2.10  of the Criminal Procedure Law, persons in
				military service of the state of New York as defined in subdivision 5 of
				section 1  of the Military Law, or military or other service for the United
				States, and such other professions as designated and described on a list
				published by the department of state pursuant to the rules established by this
				Part. "Eligible profession" does not include members of the "unorganized
				militia" as defined in subdivision 2 of section 2  of the Military
				Law.
(e) "License" has the same
				meaning as set forth in section 102 of the State Administrative Procedure
				Act.
(f) "Profession" means any
				occupation or line of work referenced or included within a category in the 2018
				Standard Occupation Classification Manual published by the federal Office of
				Management and Budget, or as otherwise described in a federal, state, or local
				statute or regulation. The 2018 Standard Occupation Classification Manual
				published by the federal Office of Management and Budget is hereby incorporated
				by reference. This publication is readily available without charge from the
				website of the U.S. Bureau of Labor Statistics at: https://www.bls.gov/soc/
				2018/soc_2018_manual.pdf
Copies of said publication may be obtained from the publisher
				  at the following address:
Office of Employment and Unemployment Statistics,
				  Occupational Employment Statistics, Suite 2135, 2 Massachusetts Avenue, NE,
				  Washington DC 20212-0001.
Copies of said publication are also available for public
				  inspection and copying at the Office of the New York State Department of State
				  located at One Commerce Plaza, 99 Washington Avenue, Albany, NY
				  12231-0001.
(g) "Secretary"
				means Secretary of State.
(h)
				"Serious physical injury" has the same meaning as set forth in section 10.00  of
				the Penal Law.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XVIII - Office of Renewable Energy Siting › Part 905 - Eligible professions for the purchase, sale, and use of body armor › Section 905.2 - List of eligible professions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Department
				of State shall establish and may revise a list of eligible professions
				itemizing the professions that meet the criteria established by this Part by
				adding or removing professions as necessary. The list shall consist of any
				eligible profession itemized by the department pursuant to section 144-a  of the
				Executive Law, and any profession approved by the department pursuant to the
				rules established by this Part.
(b)
				Such list shall be deemed established upon filing in the Office of the
				Secretary, State Records Unit. After such filing, the list of eligible
				professions shall be published and maintained on the website of the
				department.
(c) Revisions. Any
				revision to the list of eligible professions shall be valid upon filing in the
				Office of the Secretary, State Records Unit. After such filing, the revised
				list of eligible professions shall be published and maintained on the website
				of the department.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XVIII - Office of Renewable Energy Siting › Part 905 - Eligible professions for the purchase, sale, and use of body armor › Section 905.3 - Criteria for eligible professions requiring the use of body armor

Current through Register Vol. 46, No. 28, July 10, 2024
A profession shall be deemed eligible by the department if
				  the duties of the profession may expose an individual engaged in such
				  profession to serious physical injury that may be prevented or mitigated by the
				  wearing of body armor, or if the duties of the profession are necessary to
				  facilitate the lawful purchase, sale, or use of body armor.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XVIII - Office of Renewable Energy Siting › Part 905 - Eligible professions for the purchase, sale, and use of body armor › Section 905.4 - Process for requesting the addition of a profession to the list of eligible professions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				individual or entity engaged in a profession in New York State that is not on
				the list of eligible professions may request that the department add such
				profession to the list of eligible professions by filing a request with the
				secretary in a form and method approved by the department.
(b) Requests may not be submitted by any
				means other than those specified in this Part and must comply with the form and
				content requirements as published by the department.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XVIII - Office of Renewable Energy Siting › Part 905 - Eligible professions for the purchase, sale, and use of body armor › Section 905.5 - Process for the Department of State to determine eligible professions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
				accordance with the authority provided pursuant to section 144-a  of the
				Executive Law, and notwithstanding subdivision (b) of this section, the
				department may at any time in its discretion review a profession for the
				purpose of determining eligibility pursuant to this Part. Upon determining that
				a profession satisfies the criteria set forth in section
				905.3 of this Part, the department
				may add the profession to the list of eligible professions in accordance with
				section 905.2 of this Part.
(b) Upon receipt of a request that complies
				with section
				905.4 of this Part, the department
				shall
(1) prepare a notice to be published on
				the department's website alerting the public of the opportunity to submit
				additional requests relating to that profession within the next 30 days. Such
				notice shall provide information about where and how requests from other
				individuals or entities may be submitted;
(2) allow thirty (30) days from the date of
				publication for additional requests to be received; and
(3) apply the criteria in section
				905.3 of this Part to the request
				within a reasonable period of time after the close of the thirty (30) day
				additional request period. The department may, at any time and in its sole
				discretion, contact the requestor or any other individual or entity to request
				additional information regarding the submitted request.
:
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XVIII - Office of Renewable Energy Siting › Part 905 - Eligible professions for the purchase, sale, and use of body armor › Section 905.6 - Process for presenting proof of engagement in an eligible profession

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				individuals and entities must present proof of engagement in an eligible
				profession when purchasing or taking possession of body armor.
(b) Proof of engagement in an eligible
				profession may be satisfied by submission to the seller of a professional
				license issued by a federal, state or local government; employment card or
				other credential issued by an employer, or in the absence of the foregoing,
				submission to the seller of a form approved by the Department of State that is
				notarized, verifying that the purchaser is engaged in an eligible
				profession.
(c) No sale or delivery
				of body armor shall be permitted unless the transferee meets in person with the
				transferor to accomplish such sale or delivery, except for federal, state or
				local government agencies purchasing body armor to furnish them to employees in
				eligible professions.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XVIII - Office of Renewable Energy Siting › Part 905 - Eligible professions for the purchase, sale, and use of body armor › Section 905.7 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this part are severable. If any provision
				  of this Part, or any application thereof to any entity or circumstance, is
				  found to be invalid, such invalidity shall not affect any other provisions or
				  applications of this Part that may be given effect without the invalid
				  provisions or applications.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XX - Commission on ethics and lobbying in Government › Part 930 - Honoraria › Section 930.1 - Purpose and Effect of Regulations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The purpose of these regulations is to
				establish the procedures and conditions for approval and acceptance of
				honoraria by specified New York State officials and employees.
(b) The effect of these regulations is to
				supersede prior regulations and any advisory opinions or other guidance issued
				by predecessor agencies to the Joint Commission on Public Ethics to the extent
				such advisory opinions and guidance are inconsistent with this Part.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XX - Commission on ethics and lobbying in Government › Part 930 - Honoraria › Section 930.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Approving authority
for a State officer or employee shall mean
				the head of a State agency or appointing authority, or his or her appropriate
				designee. In the case of a statewide elected official, the head of a civil
				department or the head of a State agency, it shall mean the New York State
				Joint Commission on Public Ethics.
(b)
Civil department
shall
				have the same meaning as set forth in article V, section 2 of the New York
				State Constitution.
(c)
Commission
shall mean the New York State Joint Commission on
				Public Ethics.
(d)
Covered
				person
shall mean:
(1) head of a
				civil department as defined in subdivision (b) of this section;
(2) State officer or employee as defined in
				subdivision (j) of this section;
(3) statewide elected official as defined in
				subdivision (k) of this section.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XX - Commission on ethics and lobbying in Government › Part 930 - Honoraria › Section 930.3 - Certain covered persons prohibited from receiving payment for speeches

Current through Register Vol. 46, No. 28, July 10, 2024
Notwithstanding any other provision of this Part and pursuant
				  to Public Officers Law section 73(5-a)(b), no statewide elected official or any
				  head of a civil department shall, directly or indirectly, solicit, accept, or
				  receive any payment made in consideration for any speech given at a public or
				  private conference, convention, meeting, social event, meal, or like
				  gathering.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XX - Commission on ethics and lobbying in Government › Part 930 - Honoraria › Section 930.4 - Approval procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				honorarium must be approved by the covered person's approving authority in
				accordance with this Part.
(b)
				Within a reasonable period of time prior to the performance of the service for
				which an honorarium is offered, or to the receipt of the honorarium, a covered
				person shall submit to his or her approving authority a written request for
				approval to accept the honorarium.
(c) The approving authority shall review and
				approve a request to accept an honorarium in accordance with the procedures and
				conditions set forth in sections
				930.4 and
				930.5 of this Part. The honoraria
				approval shall contain the information set forth in paragraphs (1) through (5)
				of this subdivision:
(1) the name of the
				covered person accepting the honorarium;
(2) identity of the offeror and nature of the
				offeror's business;
(3) a detailed
				description of the service for which the honorarium is offered, including the
				date and location where the service will be performed;
(4) the amount of the honorarium and, where
				applicable, and itemization of amounts paid for the service, attendance,
				registration, travel, lodging, and meals; and
(5) a statement that the approving authority
				has approved the honorarium in accordance with the conditions set forth in
				section 930.5 of this Part.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XX - Commission on ethics and lobbying in Government › Part 930 - Honoraria › Section 930.5 - Conditions for approval

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				approving authority may approve a request to accept an honorarium provided the
				following conditions are met:
(1) State
				personnel, equipment, and time are not used in preparing the service for which
				an honorarium is offered;
(2) no
				State funds (including funds from any New York State public authority or any
				public benefit corporation) are used to pay the covered person's attendance,
				registration, travel, lodging, or meal expenses related to the service for
				which an honorarium is offered;
(3)
				if the service is to be performed during the covered person's official work
				day, he or she must charge accrued leave (other than sick leave) to perform
				such service;
(4) if the honorarium
				is offered by or on behalf of an interested source, all of the following
				criteria must be met:
(i) It is not
				reasonable, under the circumstances, to infer that the honorarium was intended
				to influence the covered person in the performance of his or her official
				duties.
(ii) The honorarium could
				not, under the circumstances, reasonably be expected to influence the covered
				person in the performance of his or her official duties.
(iii) The honorarium is not, under the
				circumstances, intended as a reward for any official action on his or her
				part;
(5) The approving
				authority determines that the offeror is not being used to conceal that the
				honorarium is actually offered or paid by an interested source; and
(6) Performing the service for which the
				honorarium is offered and accepting the honorarium do not violate Public
				Officers Law section 74.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XX - Commission on ethics and lobbying in Government › Part 930 - Honoraria › Section 930.6 - Minimum requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Nothing contained in this Part shall prohibit any State
				  agency from adopting or implementing its own rules, regulation or procedures
				  governing honoraria that are more restrictive than the requirements of this
				  Part.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XX - Commission on ethics and lobbying in Government › Part 930 - Honoraria › Section 930.7 - Exemption

Current through Register Vol. 46, No. 28, July 10, 2024
A member of the faculty (including an adjunct member of the
				  faculty) at the State University of New York and the City University of New
				  York, including all their constituent units except community colleges of the
				  State University of New York and the independent institutions operating
				  statutory or contract colleges on behalf of the State, and a State officer or
				  employee serving in the title of research scientist, cancer research scientist,
				  research physician, research psychiatrist or psychiatrist, is exempt from
				  sections 930.4 and
				  930.5 of this Part, provided the
				  service performed by such member of the faculty is within the subject matter of
				  his or her official academic discipline.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XX - Commission on ethics and lobbying in Government › Part 930 - Honoraria › Section 930.8 - Enforcement

Current through Register Vol. 46, No. 28, July 10, 2024
The commission is authorized pursuant to Executive Law
				  section 94 to investigate possible violations of Public Officers Law sections
				  73 and 74 and their corresponding regulations and take appropriate action as
				  authorized in these statutes.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XX - Commission on ethics and lobbying in Government › Part 930 - Honoraria › Section 930.9 - Reporting

Current through Register Vol. 46, No. 28, July 10, 2024
Any covered person who is required to file a financial
				  disclosure statement pursuant to section 73-a  of the Public Officers Law,
				  including those persons qualifying for an exemption under section
				  930.7 of this Part, shall report
				  any honorarium in excess of $1,000 (or all honoraria the aggregate total of
				  which exceed $1,000 received from a single offeror) in his or her financial
				  disclosure statement for the applicable year.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XX - Commission on ethics and lobbying in Government › Part 931 - OFFICIAL ACTIVITY EXPENSE PAYMENTS AND SERVICE PAYMENTS TO THE STATE: LIMITATIONS AND APPROVAL › Section 931.1 - Purpose and Effect of Regulations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The purpose of these regulations is to
				establish the procedures and conditions for approval and acceptance of payments
				related to the attendance, registration, travel, lodging, and food for
				specified New York State officials and employees when such persons are engaged
				in activities, or are providing services, that are part of their official
				duties.
(b) The effect of these
				regulations is to supersede prior regulations and any advisory opinions or
				other guidance issued by predecessor agencies to the joint commission on public
				ethics to the extent such advisory opinions and guidance are inconsistent with
				this part.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XX - Commission on ethics and lobbying in Government › Part 931 - OFFICIAL ACTIVITY EXPENSE PAYMENTS AND SERVICE PAYMENTS TO THE STATE: LIMITATIONS AND APPROVAL › Section 931.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Approving authority
for a State officer or employee shall mean
				the head of a State agency or appointing authority or his or her appropriate
				designee. In the case of a statewide elected official and the head of a State
				agency, it shall mean the New York State Joint Commission on Public
				Ethics.
(b)
Commission
shall mean the New York State Joint Commission on
				Public Ethics.
(c)
Covered
				person
shall mean:
(1) a State
				officer or employee as defined in subdivision (l) of this section;
(2) a statewide elected officials as defined
				in subdivision (m) of this section.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XX - Commission on ethics and lobbying in Government › Part 931 - OFFICIAL ACTIVITY EXPENSE PAYMENTS AND SERVICE PAYMENTS TO THE STATE: LIMITATIONS AND APPROVAL › Section 931.3 - Approval Procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				official activity expense payment or a service payment must be approved by the
				covered person's approving authority in accordance with this Part.
(b) Within a reasonable period of time prior
				to engaging in the official activity, a covered person shall submit to his or
				her approving authority a written request to approve an official activity
				expense payment or service payment.
(c) The approving authority shall review a
				request for an official activity expense payment or service payment in
				accordance with the procedures and conditions set forth in this section and
				section 931.4 of this Part. If approved,
				the official activity approval shall contain the information set forth in
				paragraphs (1) through (5) of this subdivision:
(1) the name of the covered person to whom,
				or on behalf of whom, the official activity expense payment or service payment
				is offered;
(2) identity of the
				offeror and nature of the offeror's business;
(3) a detailed description of the official
				activity or service, including date and location;
(4) the amount of the official activity
				expense payment and, where applicable, an itemization of costs for the
				attendance, registration, travel, lodging, and meals, and the amount of a
				service payment, if any; and
(5) a
				statement that the approving authority has approved the official activity
				expense payment and service payment, if any, in accordance with the conditions
				set forth in section
				931.4 of this Part.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XX - Commission on ethics and lobbying in Government › Part 931 - OFFICIAL ACTIVITY EXPENSE PAYMENTS AND SERVICE PAYMENTS TO THE STATE: LIMITATIONS AND APPROVAL › Section 931.4 - Conditions for Approval

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				approving authority may approve a request for an official activity expense
				payment or service payment provided the following conditions are met:
(1) The official activity expense payment or
				service payment covers only the period of time that the covered person is
				reasonably required to be present for such official activity.
(2) If the official activity expense payment
				or service payment is offered by or on behalf of an interested source, all of
				the following criteria must be met:
(i) It is
				not reasonable, under the circumstances, to infer that the official activity
				expense payment or service payment was intended to influence the covered person
				in the performance of his or her official duties.
(ii) The official activity expense payment or
				service payment could not, under the circumstances, reasonably be expected to
				influence the covered person in the performance of his or her official
				duties.
(iii) The official activity
				expense payment or service payment is not, under the circumstances, intended as
				a reward for any official action on his or her part.
(3) The official activity expense payment, if
				not made by the offeror, could be lawfully paid by the State agency in
				accordance with its travel policy.
(4) The official activity expense payment is
				made on behalf of the covered person at a rate not greater than the rate at
				which the State agency would pay or reimburse the covered person under its
				travel policy.
(5) The approving
				authority determines that the offeror is not being used to conceal that the
				official activity expense payment or service payment is actually offered or
				paid by an interested source.
(6)
				The official activity and the corresponding official activity expense payment
				or service payment is consistent with Public Officers Law section 74.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XX - Commission on ethics and lobbying in Government › Part 931 - OFFICIAL ACTIVITY EXPENSE PAYMENTS AND SERVICE PAYMENTS TO THE STATE: LIMITATIONS AND APPROVAL › Section 931.5 - Minimum Requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Nothing contained in this Part shall prohibit any State
				  agency from adopting or implementing its own rules, regulations, or procedures
				  governing official activity expense payments for official activities that are
				  more restrictive than the requirements of this Part.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XX - Commission on ethics and lobbying in Government › Part 931 - OFFICIAL ACTIVITY EXPENSE PAYMENTS AND SERVICE PAYMENTS TO THE STATE: LIMITATIONS AND APPROVAL › Section 931.6 - Enforcement

Current through Register Vol. 46, No. 28, July 10, 2024
The commission is authorized pursuant to Executive Law
				  section 94 to investigate possible violations of Public Officers Law sections
				  73 and 74 and their corresponding regulations and take appropriate action as
				  authorized in these statutes.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XX - Commission on ethics and lobbying in Government › Part 931 - OFFICIAL ACTIVITY EXPENSE PAYMENTS AND SERVICE PAYMENTS TO THE STATE: LIMITATIONS AND APPROVAL › Section 931.7 - Reporting

Current through Register Vol. 46, No. 28, July 10, 2024
Any covered person who is required to file a financial
				  disclosure statement pursuant to section 73-a  of the Public Officers Law shall
				  report any official activity expense payment in excess of $1,000 (or all
				  official activity expense payments the aggregate total of which exceed $1,000
				  received from a single offeror) in his or her statement of financial disclosure
				  for the applicable year.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XX - Commission on ethics and lobbying in Government › Part 932 - OUTSIDE ACTIVITY RESTRICTIONS AND APPROVAL PROCEDURES › Section 932.1 - Purpose of Regulations

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of these regulations is to effectuate the
				  conflicts of interests provisions of the Public Officers Law and to provide an
				  approval procedure for outside activities by Policy Makers, heads of State
				  Agencies, and Statewide Elected Officials.