N.Y. Comp. Codes R. & Regs. tit. 9 § 10400.5

Current through Register Vol. 46, No. 53, December 31, 2024

Section 10400.5 - Final Disposition

(a) After the hearing, the commission may take appropriate action, ranging from dismissal of the complaint to recommending any measures available to the New York State Attorney Grievance Committees.

(b) The commission shall transmit its findings of fact and recommendations and the record of the proceedings upon which such findings and recommendations are based, to the attorney grievance committee of the appellate division in the department where the prosecutor was admitted to practice, which shall cause a copy thereof to be served either personally or by certified mail, return receipt requested, on the prosecutor involved.

(c) Upon completion of service, the commission's findings and recommendations and the record of its proceedings shall be made available for public inspection at the principal office of the commission, at the office of the clerk of the appellate division in the department in which the record was filed, and online through the commission's website.

(d) If the commission's findings and recommendations include any recommendation that a district attorney should be removed or retired, the commission shall simultaneously transmit its findings, recommendations, and record of its proceedings to the governor. If the commission's findings and recommendations include any recommendation that an assistant district attorney should be removed or retired, the commission shall simultaneously transmit its findings, recommendations, and record of its proceedings to the district attorney under whom such assistant district attorney serves.

(e) Records of a prosecuting agency provided by the agency to the commission pursuant to the Judiciary Law shall not be subject to disclosure by the commission under article 6 of the Public Officers Law.

(f) Dismissal. The commission may dismiss the complaint if it determines there is insufficient evidence to support the allegations, if the administrator or administrator's designee has not carried its burden of proof, or for other justifiable reasons.

(g) If during the course of or after an investigation or hearing, the commission determines that the complaint or any allegation thereof warrants action, other than in accordance with sections 499-f, subdivisions 7-8 of the Judiciary Law, the commission shall refer such complaint or the appropriate allegations thereof and any evidence or material related thereto to such person, agency or court for such action as may be deemed proper or necessary.

(h) The commission shall notify the complainant of its disposition of the complaint.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 10400.5

Amended New York State Register December 18, 2024/Volume XLVI, Issue 51, eff. 12/18/2024