2006 New York Code - Administrative Complaint Procedure.

 
    §  3-105.  Administrative  complaint  procedure. 1. The state board of
  elections shall establish  and  maintain  a  uniform,  nondiscriminatory
  administrative  complaint  procedure  pursuant  to  which any person who
  believes that there is a violation  (including  a  violation  which  has
  occurred or is occurring or is about to occur) of any provision of title
  three  of  the  federal Help America Vote Act of 2002 (HAVA), may file a
  complaint.
    2. Initially, any such complaint may be made orally, in person  or  by
  telephone, or in writing. Such complaints may be made to the state board
  of  elections  or  with any local board of elections. A toll-free number
  shall be made available therefor for telephone calls to the state  board
  of  elections.  Complaints  shall  be  addressed  by  election officials
  expediently and informally whenever possible.
    3. All formal complaints shall  be  filed  with  the  state  board  of
  elections.  All  formal complaints shall be written, signed and sworn by
  the complainant. The complainant shall use a complaint form  promulgated
  by the state board of elections. The state board of elections or a local
  board  of  elections  shall  assist  any  person  with  a disability who
  requests assistance to file  a  complaint.  Complaints  raising  similar
  questions  of  law and/or fact may be consolidated by the state board of
  elections.
    4. Upon the written request of  the  complainant,  there  shall  be  a
  hearing  on  the record, unless prior to the hearing, the state board of
  elections, in accordance with subdivision four of section 3-100 of  this
  article,  sustains  the formal complaint as being uncontested. Any party
  to the hearing may purchase a transcript of such hearing.
    5. The evidentiary standard applied to all formal complaints shall  be
  a preponderance of the evidence.
    6.  Hearings shall be conducted by a panel of two commissioners of the
  state board of elections of opposite parties or senior staff members  of
  opposite  parties as selected by the commissioners of that party. If the
  panel does not agree to sustain  the  complaint,  the  formal  complaint
  shall  be deemed dismissed and shall constitute the determination of the
  panel.
    7. The determination of the hearing panel will be final unless changed
  by the state board of elections pursuant to subdivision four of  section
  3-100  of  this  article, within ninety days of the filing of the formal
  complaint. A final determination shall be filed  and  published  by  the
  state  board  of  elections  within  ninety days after the filing of the
  formal complaint, unless the complainant agrees to a  longer  period  of
  time.  When  a  violation  has been found, the final determination shall
  include an appropriate remedy for any violation of Title III of the Help
  America Vote Act of 2002 (HAVA) found by the state board of elections. A
  final determination dismissing a formal complaint may be  filed  by  any
  one member of the hearing panel.
    8.  Whenever  a  final determination of a formal complaint is not made
  within ninety days, or any other longer agreed  upon  time  period,  the
  state  board  of  elections  shall  refer  the  formal  complaint  to an
  independent, alternative dispute resolution agency.  Such  hearings  and
  determinations  shall be conducted by the alternative dispute resolution
  agency pursuant  to  regulations  promulgated  by  the  state  board  of
  elections pursuant to subdivision four of section 3-100 of this article.
  Such  agency  shall have sixty days, from the expiration of the original
  ninety day time period, or any other longer agreed upon time period,  to
  make a final determination. The state board of elections shall contract,
  pursuant  to  subdivision four of section 3-100 of this article with one
  or more such alternative dispute resolution entities for  this  specific
  purpose.
    9.  No  provision  of  this  section  shall  be construed to impair or
  supersede the right of an aggrieved party  to  seek  a  judicial  remedy
  including  a  judicial  remedy  concerning  any final determination made
  pursuant to subdivision eight  of  this  section.  The  state  board  of
  elections  shall provide notice to all complainants of the provisions of
  this subdivision.