N.Y. Comp. Codes R. & Regs. Tit. 9 § 6209.8 - Recission of certification
(a) If
at any time subsequent to the State Board's approval of a voting system, the
State Board determines that the voting system fails to fulfill the criteria
prescribed by statute and these rules, the State Board shall notify any
purchasers and vendors of that particular voting system's failure, post such
notice on its website, and give notice by mail to the chairs of all political
parties and interested persons who have previously requested notification of
such information, that the State Board's approval or certification of that
system in New York State is to be withdrawn.
(b) Failure of a vendor, its officers and its
controlling shareholders to file affidavits as required in section
6209.4(i)
of this Part may result in the rescission of certification. Notice of such
failure shall be in writing and shall specify the reasons why the approval or
certification of the system is being rescinded.
(c) At the State Board's discretion and
depending on the reason for recision, a notice may also provide for a 30-day
period within which the vendor must correct deficiencies, and shall further
specify the date on which the rescission is to become effective.
(d) Any vendor or purchaser of such voting
system, and any interested person or organization, may request in writing that
the State Board reconsider its decision to rescind approval or certification of
the voting system.
(e) Upon receipt
of such request to reconsider, the State Board shall hold a public hearing for
the purpose of reconsidering the decision to rescind the approval or
certification, and shall give published notice of such hearing at least two
weeks in advance, including posting it prominently on its website and giving
notice by mail to public advocacy organizations which have requested such
notification or requested that the State Board reconsider its decision. Any
interested party shall be given the opportunity to submit testimony or
documentation in support of or in opposition to the Board's decision to rescind
approval or certification.
(f) The
State Board may affirm or reverse its decision. Should the State Board affirm
its decision, such vendor may be prevented from submitting a new application
form for a period of two years following the date of the final
decision.
Notes
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