§ 499-f. Complaint; investigation; hearing and disposition. 1. The\ncommission shall receive, initiate, investigate and hear complaints with\nrespect to the conduct or performance of official duties of any\nprosecutor; and may make a recommendation to the governor that a\nprosecutor be removed from office for cause, for, including, but not\nlimited to, misconduct in office, as evidenced by his or her departure\nfrom his or her obligations under appropriate statute, case law, and/or\nNew York Rules of Professional Conduct, 22 NYCRR 1200, or any subset\nthereof or successor thereto, including but not limited to Rule 3.8\n(Special Responsibilities of Prosecutors and Other Government Lawyers),\npersistent failure to perform his or her duties, conduct prejudicial to\nthe administration of justice, or that a prosecutor be retired for\nmental or physical disability preventing the proper performance of his\nor her prosecutorial duties. A complaint shall be in writing and signed\nby the complainant and, if directed by the commission, shall be\nverified. Upon receipt of a complaint (a) the commission shall conduct\nan investigation of the complaint; or (b) the commission may dismiss the\ncomplaint if it determines that the complaint on its face lacks merit.\nIf the complaint is dismissed, the commission shall so notify the\ncomplainant. If the commission shall have notified the prosecutor of the\ncomplaint, the commission shall also notify the prosecutor of such\ndismissal. Pursuant to paragraph a of subdivision four of section ninety\nof this chapter, any person being an attorney and counselor-at-law who\nshall be convicted of a felony as defined in paragraph e of subdivision\nfour of section ninety of this chapter, shall upon such conviction,\ncease to be any attorney and counselor-at-law, or to be competent to\npractice law as such.\n 2. The commission may, on its own motion, initiate an investigation of\na prosecutor with respect to his or her conduct or the performance of\nhis or her official duties. Prior to initiating any such investigation,\nthe commission shall file as part of its record a written complaint,\nsigned by the administrator of the commission, which complaint shall\nserve as the basis for such investigation.\n 3. In the course of an investigation, the commission may require the\nappearance of the prosecutor involved before it, in which event the\nprosecutor shall be notified in writing of his or her required\nappearance, either personally, at least three days prior to such\nappearance, or by certified mail, return receipt requested, at least\nfive days prior to such appearance. In either case a copy of the\ncomplaint shall be served upon the prosecutor at the time of such\nnotification. The prosecutor shall have the right to be represented by\ncounsel during any and all stages of the investigation in which his or\nher appearance is required and to present evidentiary data and material\nrelevant to the complaint. A transcript shall be made and kept with\nrespect to all proceedings at which testimony or statements under oath\nof any party or witness shall be taken, and the transcript of the\nprosecutor's testimony shall be made available to the prosecutor without\ncost. Such transcript shall be confidential except as otherwise\npermitted by section four hundred ninety-nine-g of this article.\n 4. If in the course of an investigation, the commission determines\nthat a hearing is warranted it shall direct that a formal written\ncomplaint signed and verified by the administrator be drawn and served\nupon the prosecutor involved, either personally or by certified mail,\nreturn receipt requested. The prosecutor shall file a written answer to\nthe complaint with the commission within twenty days of such service.\nIf, upon receipt of the answer, or upon expiration of the time to\nanswer, the commission shall direct that a hearing be held with respect\nto the complaint, the prosecutor involved shall be notified in writing\
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