reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter IX - SUBMISSION OF NOTICES AND FILINGS IN RELATION TO AGENCY RULE MAKING ACTION › Part 261 - Requirements For Filing Adopted Rules › Section 261.5 - Graphics, tables, lists and similar material

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If a proposed rule contains graphics,
				tables, lists or similar material, an agency may be required, as a condition to
				printing a notice in the State Register or as a condition to filing a final
				agency action, to provide sharp and distinct camera-ready copy of usable
				size.
(b) The Division of
				Administrative Rules shall be the sole judge for determining whether copy is
				"sharp and distinct" and "of usable size."
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter IX - SUBMISSION OF NOTICES AND FILINGS IN RELATION TO AGENCY RULE MAKING ACTION › Part 261 - Requirements For Filing Adopted Rules › Section 261.6 - Material referenced in the Official Compilation of Codes, Rules and Regulations of the State of New York

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 102  of the Executive Law directs
				the Secretary of State to maintain a master compilation of all codes, rules and
				regulations of the State of New York. The master compilation is to be comprised
				of two parts:
(1) those codes, rules and
				regulations printed in the Official Compilation; and
(2) all Federal statutes, Federal regulations
				and all other published data, criteria, standards, specifications, techniques,
				illustrations, or other information that have been adopted as a rule of the
				State of New York but not included in the Official Compilation pursuant to
				section 102  of the Executive Law.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter IX - SUBMISSION OF NOTICES AND FILINGS IN RELATION TO AGENCY RULE MAKING ACTION › Part 262 - Rejection Of Notices And Rules › Section 262.1 - Procedure on rejection

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When a
				notice submitted for publication in the State Register or a rule submitted for
				filing is rejected for failure to comply with the applicable provisions of the
				State Administrative Procedure Act, the Executive Law and this Chapter, prompt
				notice of the defect in the submission shall be given to the agency which
				submitted the notice or rule. In its discretion, the department may give such
				notice telephonically when the defect in the submission in filing is
				susceptible to minor corrections. Otherwise, the department shall issue a
				letter setting forth the specific grounds for the rejection. In all cases,
				however, where an emergency rule is rejected for filing, immediate notice shall
				be given telephonically to the agency of such rejection.
(b) Request for review of any rejection may
				be made to the Director, Division of Administrative Rules, New York State
				Department of State, One Commerce Plaza, 99 Washington Avenue, Suite 650,
				Albany, NY 12231-0001.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter IX - SUBMISSION OF NOTICES AND FILINGS IN RELATION TO AGENCY RULE MAKING ACTION › Part 263 › Section 263.2 - Requirements for submitting material for publication

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All material submitted for publication in
				the State Register must comply with the style and typing standards set forth in
				section 260.2(d) of this
				Title, and must comply with section
				261.5 of this Title.
(b) Rule making notices should be e-filed
				using the application available through the department's website.
(c) Any other notice or material that is
				required by statute to be published in the State Register should be submitted
				via e-mail to the department's register mailbox. Instructions are maintained on
				the department's website.
(d)
				Hand-delivered or mailed material must be delivered to the Division of
				Administrative Rules, NYS Department of State, One Commerce Plaza, 99
				Washington Avenue, Suite 650, Albany, NY 12231-0001.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter IX - SUBMISSION OF NOTICES AND FILINGS IN RELATION TO AGENCY RULE MAKING ACTION › Part 264 - Declaratory Rulings And Requests To Pass On Validity Of Rules › Section 264.2 - Declaratory rulings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) On the
				petition of any person, submitted in accordance with this section, the
				Secretary of State may issue a declaratory ruling with respect to the
				applicability to any person, property, or state of facts of any rule or statute
				enforceable by it.
(b) The petition
				shall be submitted to the general counsel of the Department of State either
				personally or by first class mail addressed to General Counsel, Department of
				State, One Commerce Plaza, 99 Washington Avenue, Suite 1120, Albany, NY
				12231-0001.
(c) The petition shall
				be typed legibly on plain, white bond, standard weight paper, 81/2 x 11 inches
				in size.
(d) The petition shall be
				captioned, entitled and commenced as follows:
STATE OF NEW YORK
DEPARTMENT OF STATE
____________
In the Matter of the Petition of:
(Name of Petitioner)
For a Declaratory Ruling.
____________
State of New York)
) SS.:
County of)
I, (Name of Petitioner), being duly sworn, deposes and
				  says:
1. That your petitioner is
				____________
(Here identify and show the interest of petitioner.)
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter IX - SUBMISSION OF NOTICES AND FILINGS IN RELATION TO AGENCY RULE MAKING ACTION › Part 264 - Declaratory Rulings And Requests To Pass On Validity Of Rules › Section 264.3 - Requests to pass on validity of rules

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Pursuant to section 205 of the State
				Administrative Procedure Act, any person may request the Secretary of State to
				pass on the validity of rules of the Department of State by filing a request to
				pass on the validity of rules in accordance with this section.
(b) The request shall be submitted to the
				general counsel of the Department of State either personally or by first class
				mail addressed to General Counsel, Department of State, One Commerce Plaza, 99
				Washington Avenue, Suite 1120, Albany, NY 12231-0001.
(c) The petition shall be typed legibly on
				plain, white bond, standard weight paper, 81/2 × 11 inches in
				size.
(d) The petition shall be
				captioned and entitled as follows:
STATE OF NEW YORK DEPARTMENT OF STATE
__________________
In the Matter of the Request to Pass on Validity of Rules
				  by:
..(Name of Person making
				  request)..............................................................
Pursuant to SAPA § 205.
__________________
(e) The body of the petition shall, in
				conveniently numbered paragraphs:
(1) identify
				the person making the request and show the interest in the rule to that
				person;
(2) identify the rule
				sought to be invalidated;
(3) as
				concisely as possible, present the legal argument with all appropriate
				citations of authority as to why the rule may be constitutionally invalid,
				lacks statutory authority or has been promulgated without substantial
				compliance with required rule making procedures; and
(4) state the precise relief
				requested.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter IX - SUBMISSION OF NOTICES AND FILINGS IN RELATION TO AGENCY RULE MAKING ACTION › Part 265 - Guidance Documents › Section 265.1 - Definition

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A guidance
				document means any guideline, memorandum or similar document prepared by an
				agency that provides general information or guidance to assist regulated
				parties in complying with any statute, rule or other legal requirement, but
				shall not include documents that concern only the internal management of the
				agency.
(b) Publication
				requirements. Not less than once each year, every agency shall submit to the
				Secretary of State for publication in the State Register a list of all guidance
				documents on which the agency currently relies, and provide information on
				where and how regulated parties and members of the public may inspect and
				obtain copies of any such document. This list shall be in a form as near as
				practical to the model Guidance Document Certification by agency head form
				contained in Appendix 1 of this Title. Unless otherwise provided for by law, an
				agency may make such guidance documents available as provided in the Freedom of
				Information Law, and may charge fees pursuant to such law for copies of any
				such document.
(c) Exemptions.
(1) The Secretary of State may exempt an
				agency from compliance with the requirements of subdivision (b) of this section
				upon a determination that the agency has published on its website the full text
				of all guidance documents on which it currently relies. The Secretary of State
				shall publish a notice of such determination identifying the website in the
				State Register.
(2) An agency head
				may seek a one year exemption from guidance document publication requirements
				by certifying to the Secretary of State that the full text of all guidance
				documents on which the agency currently relies are located on the agency's
				website and identifying the web site location where these guidance documents
				are located. This request shall be in a form as near as practical to the model
				Guidance Document Certification by agency head form contained in Appendix 1 of
				this Title. An agency which does not currently rely on any guidance document
				may seek a one year exemption from guidance document publication requirements
				by certifying to the Secretary of State on the model Guidance Document
				Certification by agency head form that it does not currently rely on any
				guidance document. The Secretary of State will publish a notice to this effect
				in the State Register.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter IX - SUBMISSION OF NOTICES AND FILINGS IN RELATION TO AGENCY RULE MAKING ACTION › Part 300 - UNIVERSAL SYMBOL OF ACCESS › Section 300.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The intent of this regulation is to comply with Executive
				  Law, section 101(1), which directs the Secretary of State to promulgate rules
				  and regulations related to removing the word handicapped wherever it appears on
				  signs or other means of communication, and to changing the current
				  accessibility symbol.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter IX - SUBMISSION OF NOTICES AND FILINGS IN RELATION TO AGENCY RULE MAKING ACTION › Part 300 - UNIVERSAL SYMBOL OF ACCESS › Section 300.2 - Effect

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall apply only to any signs installed on and
				  after November 22, 2014, whether installed in a location where no sign was
				  previously posted or installed to replace a sign.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter IX - SUBMISSION OF NOTICES AND FILINGS IN RELATION TO AGENCY RULE MAKING ACTION › Part 300 - UNIVERSAL SYMBOL OF ACCESS › Section 300.3 - Intent

Current through Register Vol. 46, No. 28, July 10, 2024
The intent of this regulation is to remove the word
				  handicapped wherever it appears on signs or other means of communication as
				  detailed in section
				  300.4 of this Part and to
				  implement the use of the accessibility icon described and illustrated in
				  sections 300.5 and
				  300.6 of this Part on signage
				  designating accessible facilities. No other criteria, which may be applicable
				  to accessibility signage, including but not limited to coloring schemes, sizing
				  parameters or placement requirements, is considered by this
				  Part.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter IX - SUBMISSION OF NOTICES AND FILINGS IN RELATION TO AGENCY RULE MAKING ACTION › Part 300 - UNIVERSAL SYMBOL OF ACCESS › Section 300.4 - Accessibility Wording

Current through Register Vol. 46, No. 28, July 10, 2024
The word handicapped shall be removed from any signs or other
				  means of communication where such word appears; the word accessible may be used
				  in its place.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter IX - SUBMISSION OF NOTICES AND FILINGS IN RELATION TO AGENCY RULE MAKING ACTION › Part 300 - UNIVERSAL SYMBOL OF ACCESS › Section 300.5 - Accessibility Symbol

Current through Register Vol. 46, No. 28, July 10, 2024
Wherever the universal symbol of access depicting a static
				  figure in a wheelchair appears or would appear on signs and on other means of
				  communication, a symbol depicting a dynamic character leaning forward and with
				  a sense of movement shall appear instead:
Click to View
				  image
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter IX - SUBMISSION OF NOTICES AND FILINGS IN RELATION TO AGENCY RULE MAKING ACTION › Part 300 - UNIVERSAL SYMBOL OF ACCESS › Section 300.6 - Accessibility Graphic and Components

Current through Register Vol. 46, No. 28, July 10, 2024
The following graphic and explanations of its component
				  parts, as provided by The Accessible Icon Project (
http://www.accessibleicon.org/icon.html
),
				  are included here for illustrative purposes only and to further emphasize that
				  removal of the word handicapped and the updated depiction of a dynamic person
				  in a wheelchair broadcasts an important message that emphasis should be on the
				  person rather than the disability.
Click to View
				  image
Click to View
				  image
Head Position
Head is forward to indicate the forward motion of the person
				  through space. Here the person is the "driver" or decision maker about her
				  mobility.
Click to View
				  image
Arm Angle
Arm is pointing backward to suggest the dynamic mobility of a
				  chair user, regardless of whether or not she uses her arms. Depicting the body
				  in motion represents the symbolically active status of navigating the
				  world.
Click to View
				  image
Wheel Cutouts
By including white angled knockouts the symbol presents the
				  wheel as being in motion. These knockouts also work for creating stencils used
				  in spray paint application of the icon. Having just one version of the logo
				  keeps things more consistent and allows viewers to more clearly understand
				  intended message.
Click to View
				  image
Limb Rendition
The human depiction in this icon is consistent with other
				  body representations found in the ISO 7001 - DOT Pictograms. Using a different
				  portrayal of the human body would clash with these established and widely used
				  icons and could lead to confusion.
Click to View
				  image
Leg Position
The leg has been moved forward to allow for more space
				  between it and the wheel which allows for better readability and cleaner
				  application of icon as a stencil.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter X - Division For Servicemen's Voting › Subchapter A - The General Election › Part 331 - Applications For Military Ballot › Section 331.1 - Requirements

Current through Register Vol. 46, No. 28, July 10, 2024
An application for a military ballot for the general
					 election or any special election shall be acceptable when received from a
					 member of the armed forces or from the spouse, parent, and child of a member of
					 the armed forces, accompanying or being with him or her, if a qualified voter
					 and a resident of the same election district, on a post card from (Form No.
1) [see Appendix 2, infra] prepared
				  by the division; or on a post card form of the Department of Defense (Form No.
				  76) under the Federal laws; or on a form or in a letter forwarded to the
				  division, the Secretary of State of the State of New York or the boards of
				  elections; or in a letter addressed to any member of the military voter's
				  family in which the military address appears (and the home address may be
				  ascertained); and which shall have been signed by the military voter. The
				  spouse, parent or adult child, brother or sister of a qualified voter in
				  military service, serving outside the continental limits of the United States,
				  may sign an application (Form No. 1a) [see Appendix 2, infra] for such
				  serviceman, attested before a notary public and shall be deemed an application
				  by such serviceman, without requiring the actual signature of the
				  voter.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter X - Division For Servicemen's Voting › Subchapter A - The General Election › Part 331 - Applications For Military Ballot › Section 331.2 - Applications forwarded to division

Current through Register Vol. 46, No. 28, July 10, 2024
An application received in the first instance by any agency
					 or any board of elections of the State of New York shall be forwarded promptly
					 to the division for record purposes.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter X - Division For Servicemen's Voting › Subchapter A - The General Election › Part 331 - Applications For Military Ballot › Section 331.3 - Transmitting application for action

Current through Register Vol. 46, No. 28, July 10, 2024
All applications received from military voters by the
					 division directly or by it from any agency of the State of New York or from any
					 of the boards of elections shall be transmitted to the appropriate boards of
					 elections for action.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter X - Division For Servicemen's Voting › Subchapter A - The General Election › Part 331 - Applications For Military Ballot › Section 331.4 - Acceptance or rejection of application

Current through Register Vol. 46, No. 28, July 10, 2024
Within a reasonable time after receipt of an application by
					 any board of elections in the State of New York, and in any event not more than
					 10 days after such receipt of such an application by the board, the board of
					 elections shall accept or reject the application. In the event that an
					 application is rejected by the board of elections, notice of such rejection and
					 the reason therefor must be given to the applicant in writing and a copy
					 thereof must be sent to the division promptly.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter X - Division For Servicemen's Voting › Subchapter A - The General Election › Part 331 - Applications For Military Ballot › Section 331.5 - Spouse, parent, child of serviceman

Current through Register Vol. 46, No. 28, July 10, 2024
The spouse, parent or child of a serviceman shall have the
					 right to vote by military ballot even though the serviceman does not apply for
					 a military ballot.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter X - Division For Servicemen's Voting › Subchapter A - The General Election › Part 331 - Applications For Military Ballot › Section 331.6 - Forwarding applications to boards of elections

Current through Register Vol. 46, No. 28, July 10, 2024
Beginning June 1, 1976, the division will forward
					 applications as they are received from the military voters to the appropriate
					 boards of elections. The final transmittal of these applications to the
					 respective boards of elections shall be no later than October 21,
					 1976.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter X - Division For Servicemen's Voting › Subchapter A - The General Election › Part 331 - Applications For Military Ballot › Section 331.7 - Liberal construction of signature and ballot application information

Current through Register Vol. 46, No. 28, July 10, 2024
Liberal construction shall be given to the signature of the
					 military voter who addresses a letter to his family or to the division or
					 otherwise, requesting a military ballot or expressing a desire to
					 vote.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter X - Division For Servicemen's Voting › Subchapter A - The General Election › Part 332 - Registration Of Military Voters › Section 332.1 - Not required to register personally

Current through Register Vol. 46, No. 28, July 10, 2024
A military voter shall not be required to register
					 personally. An application for a military ballot shall constitute permanent
					 personal registration whenever such registration is required. Such military
					 voter shall be deemed registered under the rules and regulations prevailing
					 under permanent personal registration and upon the filing of his application
					 and the entering of his or her name in the appropriate register or on the
					 registration records.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter X - Division For Servicemen's Voting › Subchapter A - The General Election › Part 332 - Registration Of Military Voters › Section 332.2 - Transmission of information

Current through Register Vol. 46, No. 28, July 10, 2024
As the applications are received the division shall
					 transmit to the appropriate board of elections the name, residence and military
					 addresses of each military voter, as shall be ascertained by the division from
					 the applications received by the division. The board of elections shall enter
					 the same in the register of voters and/or on the registration
					 records.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter X - Division For Servicemen's Voting › Subchapter A - The General Election › Part 332 - Registration Of Military Voters › Section 332.3 - Certification to board of inspectors

Current through Register Vol. 46, No. 28, July 10, 2024
The board of elections shall certify to the appropriate
					 board of inspectors the names, residence and military addresses of all military
					 voters residing in such election district. Such certified lists of military
					 voters shall be delivered to the respective board of inspectors not later than
					 noon of election day, November 2, 1976 pursuant to subdivision 6 of section 305
					 of the Election Law.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter X - Division For Servicemen's Voting › Subchapter A - The General Election › Part 332 - Registration Of Military Voters › Section 332.4 - Entry in register of voters

Current through Register Vol. 46, No. 28, July 10, 2024
All data contained in an application received by the boards
					 of elections from the division shall be entered in the register of voters
					 and/or on the registration records of the appropriate election
					 district.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter X - Division For Servicemen's Voting › Subchapter A - The General Election › Part 332 - Registration Of Military Voters › Section 332.5 - Alphabetical arrangement in register

Current through Register Vol. 46, No. 28, July 10, 2024
The name of each military voter and his residence address
					 shall be entered in the alphabetically arranged register or on the registration
					 records of his home election district, and his military address and/or his
					 mailing address or other data shall be entered in the final column or
					 registration remarks column or space, except as may hereafter be determined by
					 the directors pursuant to subdivision 2 of section 305 of the Election
					 Law.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter X - Division For Servicemen's Voting › Subchapter A - The General Election › Part 332 - Registration Of Military Voters › Section 332.6 - If military voter appears personally

Current through Register Vol. 46, No. 28, July 10, 2024
In the event that any military voter personally appears to
					 register at any board of elections before, during or subsequent to central
					 registration, such military voter shall be furnished with an application (Form
					 No.
1) [see Appendix 2, infra] for
				  completion by him and his name entered in the register of voters or on the
				  registration records and copy of such Form No. 1 must be forwarded to the
				  division.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter X - Division For Servicemen's Voting › Subchapter A - The General Election › Part 332 - Registration Of Military Voters › Section 332.7 - Voter who has not previously filed

Current through Register Vol. 46, No. 28, July 10, 2024
A military voter who has not previously filed an
					 application on or before October 21, 1976 or having filed an application has
					 not received a military ballot, may sign such an application and personally
					 file the same with the board of elections of the county of his residence on or
					 before noon of November 2, 1976. Upon such filing his name shall be entered in
					 the register of voters or on the registration records.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter X - Division For Servicemen's Voting › Subchapter A - The General Election › Part 332 - Registration Of Military Voters › Section 332.8 - Voter who has not yet filed

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  military voter who has not filed an application, or having filed an application
				  has not received a military ballot, and who is honorably discharged subsequent
				  to October 1, 1976, may have his name entered in the register of voters or on
				  the registration records by personally filing an application with the board of
				  elections of the county of his residence before noon of November 2,
				  1976.
(b) A qualified voter who
				  shall have been inducted into or who shall have enlisted in the armed forces
				  and who shall not have taken his oath of allegiance prior to October 21, 1976,
				  may sign an application as provided in subdivisions 8 and 9 of section 305 and
				  shall file the same with the board of elections of his home county of residence
				  on or before noon of the Monday prior to election day, provided he shall
				  thereafter, on or before election day, become a member of the armed
				  forces.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter X - Division For Servicemen's Voting › Subchapter A - The General Election › Part 333 - Distribution Of Military Balloting Material › Section 333.1 - Transmittal of ballot

Current through Register Vol. 46, No. 28, July 10, 2024
The boards of elections shall transmit a military ballot,
					 together with an envelope bearing the statement of the military voter and a
					 self-addressed return envelope (requiring no postage) to each military voter
					 whose name has been entered in the register of voters or on the registration
					 records.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter X - Division For Servicemen's Voting › Subchapter A - The General Election › Part 333 - Distribution Of Military Balloting Material › Section 333.2 - Failure to distribute ballot

Current through Register Vol. 46, No. 28, July 10, 2024
In the event that the board of elections of any county
					 shall not mail or otherwise distribute ballots to the military voters of such
					 county, board of elections shall notify the division in writing of the facts
					 and reasons for noncompliance with the provision of section 306 of the Election
					 Law.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter X - Division For Servicemen's Voting › Subchapter A - The General Election › Part 333 - Distribution Of Military Balloting Material › Section 333.3 - Ballot, envelopes delivered in hand

Current through Register Vol. 46, No. 28, July 10, 2024
A military ballot shall be delivered in hand to each
					 military voter who personally files an application (pursuant to subdivisions 8
					 through 11 of section 305 of the Election Law) together with a ballot envelope
					 and a second envelope addressed to the Secretary of State of New York, Division
					 for Servicemen's Voting, Albany, New York 12231.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter X - Division For Servicemen's Voting › Subchapter A - The General Election › Part 333 - Distribution Of Military Balloting Material › Section 333.4 - Enrollment blank

Current through Register Vol. 46, No. 28, July 10, 2024
An enrollment blank in the form prescribed by section 174
					 or subdivision 1 of section 369 of the Election Law shall be enclosed and
					 mailed or delivered to the military voter in the envelope containing the
					 military ballot.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter X - Division For Servicemen's Voting › Subchapter A - The General Election › Part 334 - Envelopes › Section 334.1 - Envelopes

Current through Register Vol. 46, No. 28, July 10, 2024
The envelopes to be printed by the boards of elections
					 shall be as follows:
(a) The outermost
				  envelope, in which the military ballot, the two envelopes and the enrollment
				  blank are sent to the military voter, shall be no larger than four and
				  one-eighth inches by nine and one-half inches (commonly known as No. 10 size);
				  it shall bear in the upper left corner the name and address of the appropriate
				  board of elections.
(b) The size of
				  the return envelope, addressed to the Division for Servicemen's Voting, shall
				  not exceed three and seven-eights inches by eight and seven- eighths inches
				  (commonly known as No. 9 size); it shall be addressed to:
Secretary of State of New York
Division for Servicemen's Voting
Albany, New York 12231
and shall provide lines for the military voter to write his
					 name and complete military or naval address in the upper left
					 corner.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter X - Division For Servicemen's Voting › Subchapter A - The General Election › Part 334 - Envelopes › Section 334.2 - Size of military ballot

Current through Register Vol. 46, No. 28, July 10, 2024
The size of the military ballot shall be such that, when
					 folded, it may be enclosed in an envelope not larger than three and one-half
					 inches by eight and one-half inches; and this innermost envelope, known as
					 ballot envelope, shall be printed in accordance with section
					 335.1 of this
					 Chapter.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter X - Division For Servicemen's Voting › Subchapter A - The General Election › Part 334 - Envelopes › Section 334.3 - Aggregate weight

Current through Register Vol. 46, No. 28, July 10, 2024
The aggregate weight of the military ballot, the enrollment
					 blank and the three envelopes shall not exceed one ounce.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter X - Division For Servicemen's Voting › Subchapter A - The General Election › Part 334 - Envelopes › Section 334.4 - Samples to be submitted

Current through Register Vol. 46, No. 28, July 10, 2024
Samples of the size and weight of the military ballot, the
					 enrollment blank and the three envelopes must be submitted to the division by
					 the boards of elections as soon as is practicable and, in any event, not later
					 than October 15, 1976.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter X - Division For Servicemen's Voting › Subchapter A - The General Election › Part 334 - Envelopes › Section 334.5 - Envelopes to be identified

Current through Register Vol. 46, No. 28, July 10, 2024
All envelopes must bear conspicuous identification as
					 military balloting material, in accordance with section
					 334.6 of this Part. If it is not
					 practicable to print the indicia, the same may be placed on the envelopes by
					 hand stamp, addressograph, or by affixing labels or stickers.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter X - Division For Servicemen's Voting › Subchapter A - The General Election › Part 334 - Envelopes › Section 334.6 - Conspicuous identification of envelopes

Current through Register Vol. 46, No. 28, July 10, 2024
The envelopes must bear the following indicia:
(a) Two parallel red lines each one quarter
				  of an inch in width across the entire face of the envelope parallel to the top
				  of the envelope with an intervening space of one quarter of an inch between
				  each line, and the top line shall be one and one-quarter inches from the top of
				  the envelope.
(b) Between the
				  parallel lines shall be printed "OFFICIAL ELECTION BALLOTING MATERIAL--VIA AIR
				  MAIL".
(c) In the upper right
				  corner shall be printed "FREE OF ALL POSTAGE, INCLUDING AIR MAIL (MILITARY
				  BALLOT)".
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter X - Division For Servicemen's Voting › Subchapter A - The General Election › Part 335 - The Ballot Envelope › Section 335.1 - The ballot envelope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  ballot envelope shall be printed as follows:
BALLOT FOR MILITARY VOTER, NOVEMBER 2,
					 1976--STATEMENT
I do state (or affirm) that I am MUST CHECK ONE
(a) [ ] in the actual military service of the
				  state, or of the United States
(b)
				  [ ] the spouse
(c) [ ]
				  parent
(d) [ ] child of a voter in
				  the actual military service of the state, or of the United States, accompanying
				  or being with him or her and a resident of the same election district; and that
				  on the date of the next general election I will be at least eighteen years of
				  age and immediately preceding said date will have been a citizen of the United
				  States, a resident of the State of New York and of the county, city or village
				  in which I offer my vote for thirty days, and that I have not received or
				  offered any compensation or reward for the giving or withholding of a vote at
				  this election; that I have not made or become interested in any wager depending
				  upon the result of this election; that I have not voted any other ballot for
				  any candidate from any address other than hereinafter set forth; and that I
				  have not been convicted of bribery or any infamous crime; or if so convicted,
				  that I have been pardoned or my right of suffrage restored.
My voting address in the State of New York is:
Street and Number, or R.F.D............
City, Village or Town............
County............
I hereby declare that the foregoing is a true statement to
					 the best of my knowledge and belief.
Sign________ Date............
(Voter must sign here)
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter X - Division For Servicemen's Voting › Subchapter A - The General Election › Part 336 - Military Ballot › Section 336.1 - Military ballot

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  military ballot shall be a facsimile of the voting machine in the election
				  district of the home residence of the military voter or as nearly as
				  practicable, the same form as that to be voted in such election district or to
				  be voted by absentee voters. The ballot shall provide sufficient space in which
				  may be written the name of any candidate of the military voter's choice. There
				  shall be printed in the margin at the head of the ballot in legible boldface
				  type the following instructions, and we direct that the use of the following
				  form and instructions be strictly adhered to:
HOW TO VOTE
1.
				  Mark in pen, pencil, or both.
2. To
				  vote for a candidate whose name is printed on the ballot, make a cross x mark
				  or a check X mark in the voting square above the name of the
				  candidate.
3. To vote for a person
				  whose name is not printed on the ballot, write his name in the blank space at
				  the bottom of the column in which appears the title of the office.
4. To vote on the amendments, propositions
				  and questions, make a cross x mark or a check X mark in the voting square of
				  your choice provided therefor.
5.
				  Make no other mark or writing whatsoever upon the ballot.
HOW TO RETURN MILITARY
BALLOT
1. After
				  marking the ballot, fold such ballot and enclose it in the envelope bearing the
				  voter's statement, and seal the envelope.
2. Fill in properly the blanks in the
				  Statement and sign your name.
3.
				  Enclose the sealed envelope bearing the Statement in the envelope addressed to
				  the Division for Servicemen's Voting and mail promptly.
4. The ballot of the military voter and the
				  envelope in which the ballot is returned must be received by the division on or
				  before noon of November 1, 1976.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter X - Division For Servicemen's Voting › Subchapter B - Special Elections › Part 350 - Procedure In Primary Elections › Section 350.1 - Procedure-general

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every military
				  voter enrolled in a political party shall be entitled to receive and cast a
				  military ballot at all contested primary elections.
(b) The board of elections of the appropriate
				  county shall mail or deliver as promptly and as expeditiously as possible, the
				  military balloting material to each enrolled military voter. The board of
				  elections shall rubber stamp "Primary Election" on all ballot and other
				  envelopes during contested primary elections. In the event that an enrolled
				  military voter shall appear in person at the board of elections of his home
				  county of residence at or before noon of the day preceding a primary election,
				  he or she may then and there receive and cast a military ballot. In such event,
				  the board of elections shall retain the military ballot for canvassing at the
				  primary election and notify the division, in writing of the name and residence
				  of the military voter.
(c) The
				  sections in this Part pertaining to the distribution of military balloting
				  material; envelopes, ballot envelopes and military ballots with respect to the
				  general election shall apply wherever possible to the conduct of a contested
				  primary election.
(d) The division
				  shall forward to the appropriate board of elections each military ballot
				  received by it at or before noon of the day preceding any such contested
				  primary election, unopened, in its ballot envelope bearing the voters
				  statement. Such military ballots to be canvassed and counted must be received
				  by the inspectors of election of the appropriate election district at least
				  three hours before the close of the polls on the day of any such primary
				  election.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XI - Hearings › Part 400 - Hearing Rules Of Procedure › Section 400.1 - Intent and purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The Secretary of State has authority under article 3 of the
				  State Administrative Procedure Act to provide for adjudicatory proceedings and
				  appeals pertaining to matters within the secretary's statutory jurisdiction. It
				  is the intent and purpose of these regulations to afford all those appearing in
				  any hearing subject to the Part due process of law and an opportunity to be
				  heard, while at the same time ensuring protection of the public health, safety
				  and general welfare.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XI - Hearings › Part 400 - Hearing Rules Of Procedure › Section 400.3 - Conduct of adjudicatory proceedings

Current through Register Vol. 46, No. 28, July 10, 2024
All adjudicatory proceedings will be conducted under the
				  rules enunciated by articles 3, 4 and 5 of the State Administrative Procedure
				  Act, the definition of the State Administrative Procedure Act pertaining
				  thereto, any other licensing statute under the jurisdiction of the Secretary of
				  State, the Civil Practice Law and Rules as the same may be reasonably be
				  applied and the Constitution of the State of New York as these statutes and
				  constitution are now stated or may be amended in the future. In all instances,
				  due process of law will be observed. An administrative law judge shall have all
				  the authority which the Secretary of State may grant pursuant to the State
				  Administrative Procedure Act or any other pertinent statute, including, but
				  without limitation, the authority to direct disclosure under section 305 of the
				  State Administrative Procedure Act.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XI - Hearings › Part 400 - Hearing Rules Of Procedure › Section 400.4 - Commencement of disciplinary proceedings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every adjudicatory proceeding which may
				result in a determination to revoke or suspend a license or to fine or
				reprimand a licensee will be commenced by the service of a notice of hearing
				together with a statement of charges (also known as a complaint), which shall
				consist of plain and concise statement which shall sufficiently give the
				administrative law judge and the respondent notice of the alleged misconduct of
				incompetence. Notice of hearing and statement of charges (or complaint) shall
				be communicated in any manner permitted by the applicable regulatory statute or
				the Civil Practice Law and Rules. Respondent may, at his option, serve an
				answer denying such charges and interposing affirmative defenses, if any.
				Absent an answer, all charges are deemed denied and all rights are
				reserved.
(b) The Department of
				State shall, before making a final determination to deny an application for a
				license, notify the applicant in writing of the reasons for such proposed
				denial and shall afford the applicant an opportunity to be heard in person or
				by counsel prior to denial of the application. Such notification shall be
				served personally or by certified mail or in any manner authorized by the Civil
				Practice Law and Rules. If the applicant is a real estate salesman or has
				applied to become a salesman, the department shall also notify the broker with
				whom such salesman is associated, or with whom such salesman or applicant is
				about to become associated, of such proposed denial. If a hearing is requested,
				such hearing shall be held at such time and place as the department shall
				prescribe. If the applicant fails to make a written request for a hearing
				within 35 days after receipt of such notification, then the notification of
				denial shall become the final determination of the department. Upon receipt of
				such demand, an adjudicatory proceeding will be commenced in the manner set
				forth in subdivision (a) of this section, except that the reasons for denial
				will be set forth in the stead of charges.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XI - Hearings › Part 400 - Hearing Rules Of Procedure › Section 400.5 - Subpoenas

Current through Register Vol. 46, No. 28, July 10, 2024
Subpoenas may be issued by the administrative law judge or
				  any attorney for a party who has been duly admitted to the practice of law in
				  the State of New York. Subpoenas shall be served in any manner permitted by the
				  Civil Practice Law and Rules unless otherwise provided by applicable statutes
				  administered by this department.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XI - Hearings › Part 400 - Hearing Rules Of Procedure › Section 400.6 - Motions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A motion to
				dismiss the complaint or statement of charges for failure of proof may be made
				at the conclusion of the direct case presented by the complaining division of
				the Department of State. The administrative law judge may make a determination:
(1) granting the motion;
(2) denying the motion and continuing the
				hearing; or
(3) reserving decision
				on the motion and continuing the hearing.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XI - Hearings › Part 400 - Hearing Rules Of Procedure › Section 400.7 - Affidavits

Current through Register Vol. 46, No. 28, July 10, 2024
When a verified statement is required or deemed desirable by
				  any party, it shall be sufficient for the deponent to subscribe a statement at
				  the end thereof that the "foregoing statement is affirmed under penalties of
				  perjury." A statement verified before a notary public will be equally
				  acceptable.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XI - Hearings › Part 400 - Hearing Rules Of Procedure › Section 400.8 - Evidence and proof

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The strict
				rules of evidence do not apply with respect to administrative adjudicatory
				proceedings.
(b) Any facts or
				evidence received by the New York State Department of State may be used in any
				proceeding and shall be afforded appropriate consideration by the presiding
				officer. All evidence shall be kept in the custody of the presiding
				officer.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XI - Hearings › Part 400 - Hearing Rules Of Procedure › Section 400.9 - Service of rules

Current through Register Vol. 46, No. 28, July 10, 2024
Every notice of hearing served shall be served with a copy of
				  these rules, a copy of articles 3, 4 and 5 of the State Administrative
				  Procedure Act and relevant definitions under section 102 of the State
				  Administrative Procedure Act. A summary of these rules will be prepared and
				  made available to the public on request and served with a notice of hearing on
				  any respondent.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XI - Hearings › Part 400 - Hearing Rules Of Procedure › Section 400.10 - Representation

Current through Register Vol. 46, No. 28, July 10, 2024
Any person compelled to appear in person or who voluntarily
				  appears before the agency shall be accorded the right to be accompanied,
				  represented and advised by counsel. In a proceeding before the agency, every
				  party or person shall be accorded the right to appear in person or by or with
				  counsel. Nothing in this section shall be construed either to grant or to deny
				  to any person who is not a lawyer the right to appear for or represent others
				  before the agency. In accordance with section 166  of the Executive Law, any
				  such representative will file a notice of appearance with the administrative
				  law judge on forms provided by the Department of State and state whether a fee
				  is being paid therefor.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XI - Hearings › Part 400 - Hearing Rules Of Procedure › Section 400.11 - Adjournments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Adjournments of
				adjudicatory hearings will be granted only for good cause, and no party shall
				be granted more than two adjournments.
(b) Requests for adjournment must be made by
				written affidavit addressed to the presiding officer, and must be received at
				the office of the Department of State in which the presiding officer maintains
				his regular office no later than three business days prior to the scheduled
				date of hearing. The affidavit must contain sufficient details to explain the
				reason for the request so as to enable the presiding officer to rule
				thereon.