Section 3-710.5. Findings of violation or infraction; adjudications; final determinations  


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  • (i) The board shall determine  whether  a  participating  candidate, his or her principal committee, principal committee treasurer
      or  any  other  agent  of  a  participating  candidate  has  committed a
      violation or infraction of any provision of this chapter  or  the  rules
      promulgated  hereunder,  for  which the board may assess a civil penalty
      pursuant to section 3-711 of this chapter. The  board  shall  promulgate
      rules  defining infractions, and such definitions shall include, but not
      be limited to, failures to comply with the provisions of this chapter or
      the rules promulgated hereunder that are limited and non-repetitive.
        (ii) (a) The board shall give written notice and  the  opportunity  to
      appear  before  the board to any participating, limited participating or
      non-participating candidate, his or her principal committee,  authorized
      committee,  committee treasurer or any other agent of such candidate, if
      the board has reason to believe that such has committed a  violation  or
      infraction  before  assessing  any  penalty  for  such  action. Any such
      written notice of alleged violations shall be issued in a timely  manner
      pursuant  to all of the requirements of subdivision one of section 3-710
      and shall precede the issuance of the final audit required  pursuant  to
      subdivision one of section 3-710. In the case of a written notice issued
      prior  to the date of a covered election, or after the date of a covered
      election in the case of a notice regarding an alleged failure to respond
      to a request for audit documentation, such notice may be issued prior to
      the issuance of a draft audit. Alleged violations and proposed penalties
      shall  be  subject  to  resolution  by  adjudication  before  the  board
      consistent  with  the  procedures of section 1046 of the charter, unless
      such procedures are waived by  the  candidate  or  principal  committee;
      provided,  however, that in the case of adjudications conducted prior to
      the date of a covered election, the board shall use  the  procedures  of
      section  1046  of  the charter only to the extent practicable, given the
      expedited nature of such pre-election  adjudications.  The  board  shall
      issue  a final determination within thirty days of the conclusion of the
      adjudication proceeding.
        (b) The board shall include in every final determination:  (i)  notice
      of  the respondent's right to bring a special proceeding challenging the
      board's final determination in New York State supreme court pursuant  to
      article  78  of the civil practice law and rules; and (ii) notice of the
      commencement of the  four-month  period  during  which  such  a  special
      proceeding  may  be  brought pursuant to article 2 of the civil practice
      law and rules.