1. (1) The 15-day letter shall provide the individual or entity with a 15-day period in which to submit a written response – including any evidence, statements, and proposed witnesses – setting forth information relating to the activities cited as possible or alleged violation(s) of law.

   1. (i) While any response submitted will be reviewed by the commission, the commission is not precluded from voting to commence a substantial basis investigation prior to receiving a respondent’s written response.
   2. (ii) An extension of time to respond may be available to respondent upon request; however, if the requested extended deadline will lapse after the next scheduled meeting of the commission, the respondent must waive any claims or defenses against the commission for failure to act in a timely manner.
2. (2) The 15-day letter shall include a copy of the commission’s rules regarding the conduct of adjudicatory proceedings and appeals and shall also contain a plain language summary of the rules contained in this Part.

3. (3) Pursuant to Executive Law section 94(13)(c), the 15-day letter continues the commission’s jurisdiction over the respondent.

   (b) Notice of commission vote.

4. (1) Within 60 calendar days after a sworn complaint or a referral is received or an investigation is initiated on the commission’s own initiative, the commission shall vote on whether to commence a full investigation of the matter under consideration to determine whether a substantial basis exists to conclude that a violation of law has occurred. The commission shall provide written notice of its decision in accordance with this section.

   1. (i) When an investigation is initiated on the commission’s own initiative, the date from which the 60 days will run is the date on which the commission sent the 15-day letter to respondent.
   2. (ii) Within the statutorily required 60-day period, the commission may vote not to commence a substantial basis investigation and reserve the right to reconsider the matter as alleged in the 15-day letter; at any time thereafter, the commission may vote to commence a full investigation of the matter under consideration to determine whether a substantial basis exists to conclude a violation of law has occurred. The commission shall provide written notice of any such decision.

5. (2) Within 60 days of such vote, the commission shall provide written notice of its decision as follows:

   1. (i) to the complainant, if any;
   2. (ii) to the subject or respondent, if the subject or respondent has been notified of the allegations against them;
   3. (iii) to any agency that made a referral to the commission or otherwise notified the commission of the allegations, or any agency which employs the subject or respondent; and

   4. (iv) at the discretion of the commission, written notice may be provided to a subject who has not been previously notified of the allegations against them or to other interested parties, including but not limited to witnesses.

      (c) Notice of hearing.

6. (1) At any time after commencing a substantial basis investigation, notice shall be provided to the respondent to inform respondent of their right to be heard and appear by attorney at a confidential hearing to be held within 30 days of such written notice. The notice shall contain the following:

   1. (i) the alleged violations of law and the factual basis for those allegations;
   2. (ii) a statement of the time and place of the hearing;
   3. (iii) the hearing officer who will preside over the matter and instructions for the submission of any notices, filings, or other papers;
   4. (iv) a statement for hearing impaired parties and participants concerning the provision of deaf interpretation without charge;
   5. (v) notice to the respondent that failure to appear will not preclude the hearing officer or commission from proceeding with the scheduled hearing; and
   6. (vi) any other information deemed necessary or appropriate.

7. (2) The notice of hearing shall include a copy of the commission’s rules regarding the conduct of adjudicatory proceedings and appeals and shall also contain a plain language summary of the rules in this Part.

   (d) Notice of closure.

   If, upon receipt and review of a matter, it is determined, at any stage that there is no violation, that any potential violation has been rectified, or if the matter is closed for any other reason, the commission shall provide written notice as follows:

8. (1) to the complainant, if any;
9. (2) to the subject or respondent if they have been notified, by the commission or otherwise, of a complaint or allegations against them;
10. (3) to any agency that made a referral to the commission or otherwise, notified the commission of the allegations, or any agency which employs the subject or respondent;
11. (4) at the discretion of the commission, written notice shall be provided to a subject who has not been previously notified of the allegations against them or other interested parties, including but not limited to witnesses.

(a) Notice of allegations (15-day letter).

If the commission receives a sworn complaint or a referral alleging that a person or entity subject to the jurisdiction of the commission has violated a law that the commission is authorized to enforce or if a reporting individual has filed a statement that reveals a possible violation of such laws, or if the commission determines on its own initiative to investigate a possible violation, the commission shall notify the subject individual or entity in writing, describe the possible or alleged violation of such laws, and provide a description of the allegations against them and the evidence, if any, supporting such allegations; provided however that the commission shall redact any information that, in the judgment of the commission, may be prejudicial to either the complainant or the investigation.