(a) Every three year period following the effective date of this regulation, the statewide SEFA council shall require any or all unaffiliated participants, federations of charitable organizations, or constituent organizations, to certify their continued compliance with these regulations, and with applicable State and Federal laws and regulations. The form of the certification, the information to be provided by individual participants, and the delegation of the receipt or review of certification information to a local committee, is at the discretion of the statewide SEFA council. The statewide SEFA council may use random sampling to review the certification information it receives to improve the efficiency of the recertification process. The statewide SEFA council may audit any participant at any time. If upon application by a local SEFA committee, or upon its own motion, the statewide SEFA council determines that a SEFA participant, including any federated community campaign, has not maintained the eligibility qualifications of this part or requirement of the laws of the State of New York or the United States, such participant shall be removed from the annual solicitation campaign by majority vote of the statewide SEFA council. If such participant is removed, distribution of all funds to such participant shall be stopped, and all reasonable efforts will be made to inform affected donors of such removal and to give them an opportunity to withdraw payroll deduction authorization for contributions to such participant. The funds designated for the removed participant that have been collected, or that are received after the participant is removed, shall either be equally divided among the remaining charities that the donor has designated, or, if the removed charity is the sole designee, the donor shall be contacted, and either:

1. (1) select a new participant for the funds to be redirected to; or
2. (2) withdraw the payroll deduction authorization for contributing to such participant.

(c) Removal shall be subject to the following terms and conditions:

1. (1) The statewide SEFA council may require the submission of any additional statements or materials from any committee or the participant to aid in its determination of whether or not to remove the participant. Failure to timely provide requested submissions or materials may be considered in the decision to remove a participant.
2. (2) The decision of the statewide SEFA council, to remove a participant shall contain a written justification. This justification shall be supported by specific references to the eligibility requirements set forth in section 335.6 of this Part or the minimum contribution requirements set forth in this section as well as timely submission of materials to the statewide SEFA council.
3. (3) A copy of the removal determination shall be provided to the participant, any federation of charitable organizations to which the participant is a constituent organization, the federated community campaign for the campaign area where participation is removed, and the statewide SEFA council.
4. (4) Any participating charitable organization or federation of charitable organizations receiving notice of a determination of removal from the statewide SEFA council may appeal such determination in accordance with article 78 of the Civil Practice Law and Rules. The commissioner is a necessary party to an appeal made in accordance with article 78 of the Civil Practice Law and Rules.
5. (5) A participant removed from participation in the SEFA annual solicitation campaign shall be deemed to have been removed from participation in all campaign areas.

(d) The commissioner may, upon reasonable notice and opportunity to be heard, remove any participant, including any federated community campaign, found not to be in compliance with these regulations.

(e) Re-application.

A participant that has been removed from participation in a campaign may reapply for admission upon a showing of changed circumstances relevant to the determination of removal and after the expiration of a one-year period from the end of the annual solicitation campaign following the determination of removal.