N.Y. Comp. Codes R. & Regs. tit. 9 § 335.9

Current through Register Vol. 46, No. 43, October 23, 2024

Section 335.9 - Revocation of eligibility of a participant and appeal process

(a) Beginning in 2008, and at least annually thereafter, the statewide SEFA council shall require any or all unaffiliated participants, federations of charitable organizations, or constituent organizations, to certify and provide information required under section 335.6(b) of this Part in order to assure their continued compliance with State and Federal laws and regulations. If upon application by a local SEFA committee, or upon its own motion, the statewide SEFA council, determines that a SEFA participant has not maintained the eligibility qualifications of this Part or requirement of the laws of the State of New York or the United States, such participant shall be removed from the annual solicitation campaign by majority vote of the statewide SEFA council. If such participant is removed, distribution of all funds to such participant shall be stopped, and all reasonable efforts will be made to inform affected donors of such removal and to give them an opportunity to withdraw payroll deduction authorization for contributions to such participant. The funds designated for the removed participant that have been collected, or that are received after the participant is removed, shall be identified and distributed in accordance with section 335.10(b) of this Part.

(b) If a participant fails to receive any contributions in any campaign area in the three previous general solicitation campaigns, then such participant may be removed from the annual solicitation campaign by a majority vote of the statewide SEFA council.

(c) Removal shall be subject to the following terms and conditions:

(1) The determination to remove a participant shall occur during the first quarter of the calendar year.

(2) The statewide SEFA council may require the submission of any additional statements or materials from any committee or the participant to aid in its determination of whether or not to remove the participant. Failure to timely provide requested submissions or materials may be considered in the decision to remove a participant.

(3) The decision to remove a participant shall contain a written justification. This justification shall be supported by specific references to the eligibility requirements set forth in section 335.6 of this Part or the minimum contribution requirements set forth in this section as well as timely submission of materials to the SEFA council. In addition, the justification shall indicate the actual vote of the statewide SEFA council on the question of continued eligibility and shall include the rationale or statement of any dissenting member.

(4) A copy of the removal determination shall be provided to the participant, any federation of charitable organizations to which the participant is a constituent organization, the federated community campaign for the campaign area where participation is removed, and the statewide SEFA council.

(5) Any participating charitable organization, federation of charitable organizations or federated community campaign receiving notice of a determination of removal may appeal such determination in accordance with article 78 of the Civil Practice Law and Rules. The commissioner is a necessary party to an appeal made in accordance with article 78 of the Civil Practice Law and Rules.

(6) A participant removed from participation in the SEFA annual solicitation campaign shall be deemed to have been removed from participation in all campaign areas in which it was previously eligible to participate.

(d) Re-application. A participant that has been removed from participation in a campaign may reapply for admission upon a showing of changed circumstances relevant to the determination of removal and after the expiration of a one-year period from the end of the annual solicitation campaign following the determination of removal.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 335.9