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TITLE 34PUBLIC FINANCE
PART 1COMPTROLLER OF PUBLIC ACCOUNTS
CHAPTER 5FUNDS MANAGEMENT (FISCAL AFFAIRS)
SUBCHAPTER DCLAIMS PROCESSING--PAYROLL
RULE §5.46Deductions for Paying Membership Fees to Employee Organizations

    (C) A state agency may either accept an authorization form from or return an authorization form to the eligible organization that submitted the form when the form postpones the first deduction authorized by this section beyond the effective date determined under paragraph (1) of this subsection. If the agency accepts the authorization form, then the agency may not make the deduction effective before the effective date specified on the form.

    (D) A state agency shall state in writing the reason for the return of an authorization form. The statement must be attached to the form being returned.

  (3) Copies of authorization forms. An eligible organization is solely responsible for making a copy of each authorization form before the organization submits the form to the appropriate state agency.

(d) Effectiveness of cancellation forms and cancellation notices.

  (1) Effective date of cancellation forms and cancellation notices.

    (A) This subparagraph applies if a state agency receives a state employee's properly completed cancellation form or cancellation notice on the first calendar day of a month. A state employee's cancellation of a deduction authorized by this section is effective for the salary or wages paid to the employee on the first workday of the first month following the month in which the agency receives the cancellation form or cancellation notice.

    (B) This subparagraph applies if a state agency receives a state employee's properly completed cancellation form or cancellation notice after the first calendar day of a month. A state employee's cancellation of a deduction authorized by this section is effective:

      (i) for the salary or wages paid to the employee on the first workday of the second month following the month in which the agency receives the cancellation form or cancellation notice; or

      (ii) for the salary or wages paid to the employee on the first workday of the first month following the month in which the agency receives the cancellation form or cancellation notice if the agency consents to this effective date.

    (C) If the first calendar day of a month is not a workday, then the first workday following the first calendar day is the deadline for the receipt of properly completed cancellation forms or cancellation notices.

    (D) State employees and eligible organizations are responsible for ensuring that properly completed cancellation forms and cancellation notices are received by the deadline.

  (2) Return of cancellation forms and cancellation notices.

    (A) A state agency shall return a cancellation form or cancellation notice to the state employee or the eligible organization that submitted the form or notice if:

      (i) the form or notice is incomplete, contains erroneous data, or is otherwise insufficient; and

      (ii) a deficiency listed in clause (i) of this subparagraph makes it impossible for the agency to cancel the deduction in accordance with the form or notice.

    (B) A state agency shall return a cancellation form or cancellation notice to the state employee or the eligible organization that submitted the form or notice if the form or notice is for an individual who is not employed by the agency.

    (C) If a state agency returns a cancellation form or cancellation notice to an eligible organization, then the agency must promptly mail or deliver a copy of the returned form or notice to the state employee who completed it.

    (D) A state agency shall state in writing the reason for the return of a cancellation form. The statement must be attached to the form being returned.

  (3) Copies of cancellation forms and cancellation notices. A state employee or eligible organization is responsible for making a copy of the employee's cancellation form or cancellation notice before the employee or organization submits the form to the employee's employer.

(e) Authorization and cancellation forms.

  (1) The comptroller's approval of authorization and cancellation forms.

    (A) An eligible organization may not distribute or provide an authorization or cancellation form to a state employee until the organization has received the comptroller's written approval of the form.

    (B) As a condition for retaining its eligibility, an eligible organization must produce an authorization form and a cancellation form that comply with the comptroller's requirements and this section. The organization must produce the forms within a reasonable time after the organization receives its certification from the comptroller.

    (C) The comptroller may not approve the authorization or cancellation form of an eligible organization unless:

      (i) the form is at least 8 1/2 inches wide;

      (ii) the form is at least 11 inches long; and

      (iii) the cancellation form clearly informs state employees that they are not required to state a reason for a cancellation; and

      (iv) the form complies with the comptroller's requirements for format and substance.

    (D) An eligible organization must revise an authorization or cancellation form upon request from the comptroller. The organization may not distribute or otherwise make available to state employees a revised form until the organization has received the comptroller's written approval of the form.

  (2) Distribution of authorization or cancellation forms.

    (A) An eligible organization must provide an authorization or cancellation form to a state employee or state agency promptly after receiving:

      (i) an oral or written request for the form from the employee or agency; or

      (ii) an oral or written request to provide the form to the employee from the comptroller or the employee's employer.

    (B) A state agency may maintain a supply of cancellation forms and distribute the forms to its state employees upon request. An eligible organization shall promptly provide the forms to the agency upon request.

(f) Procedural requirements for certifying state employee organizations.

  (1) Request for certification.

    (A) The comptroller may not certify a state employee organization unless the comptroller receives a written request for certification from an individual who is authorized by the organization to make the request.

    (B) The comptroller may not certify a state employee organization if the comptroller receives the organization's request for certification after June 2nd of a fiscal year.

  (2) Requirements for requests for certification. The comptroller may not certify a state employee organization unless the organization's request for certification includes:

    (A) the organization's complete name;

    (B) the street address of the headquarters of the organization;

    (C) the mailing address of the headquarters of the organization, if different from the street address;

    (D) the full name, title, telephone number, and mailing address of the organization's primary contact;

    (E) a specific request for certification as an eligible organization;

    (F) a specific agreement to pay the administrative fees charged by the comptroller under this section;

    (G) a specific acceptance of the requirements of this section as they exist at the time the request is made or as adopted or amended thereafter;

    (H) the payee identification number of the organization; and

    (I) the other information that the comptroller deems necessary.

(g) Substantive requirements for certifying state employee organizations.

  (1) Membership.

    (A) The comptroller may not certify a state employee organization unless it submits persuasive evidence to the comptroller that the organization had a membership of at least 4,000 state employees throughout the 18 months preceding the month in which the comptroller receives the organization's request for certification.

    (B) An example of the evidence that the comptroller may review is a membership roster containing the name of each state employee who is a member of the organization, the date each employee joined the organization, and the date through which each employee's membership fees are paid.

  (2) Statewide activities. The comptroller may not certify a state employee organization unless it demonstrates to the comptroller that the organization conducts activities on a statewide basis. A state employee organization may satisfy this requirement by submitting any relevant evidence, including newsletters, news articles, correspondence, and membership rosters containing the names and addresses of the organization's members.

  (3) Membership fee structure.

    (A) The comptroller may not certify a state employee organization unless it proves to the comptroller that the organization had a membership fee structure for state employees throughout the 18 months preceding the month in which the comptroller receives the organization's request for certification. A state employee organization may satisfy this requirement by submitting relevant evidence, including dated enrollment forms from state employees, documentation about the fees structure, and financial records.

Cont'd...

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