Over the past several months, the New York State Commission of Ethics and Lobbying in Government (“COELG”), formerly known as the Joint Commission on Public Ethics (“JCOPE”), released numerous emergency rulemakings aimed at expanding and refining the commission’s investigative and enforcement powers. The emergency rulemaking took effect April 27, 2023.

The emergency rulemaking proposes to add a new section to Part 941 of Title 19 of the Laws of New York to delegate power and authority by majority vote to the Executive Director of COELG to administer oaths and affirmations, subpoena witnesses, compel attendance and testimony, and require the production of records to COELG that the executive director deems relevant or material. Power may be delegated when COELG or its staff conduct an investigation, or when the commission elevates a preliminary review of a complaint or referral received.

Pursuant to the emergency rulemaking, the delegation of powers may be general, or limited to more specific matters. The emergency rulemaking also sets forth a proposal that any hearing officer presiding at a COELG adjudicatory hearing must be an independent arbitrator.