§ 101-A — Legislative notification of the proposed adoption, amendment, suspension or repeal of agency rules

§ 101-a. Legislative notification of the proposed adoption, amendment,\nsuspension or repeal of agency rules.\n 1. Definitions. As used in this section,\n a. "Agency" means any state board, bureau, commission, department,\nauthority, division, or officer authorized by law to make rules.\n b. "Rule" means the whole or part of each agency statement of general\napplicability or regulation or code that implements or applies law, or\nprescribes the procedure or practice requirements of any agency,\nincluding the amendment, suspension or repeal thereof, except such as\nrelates to the organization or internal management of the agency.\n 2. Except as provided in subdivision three of this section, at least\nsixty days prior to either the adoption of any rule, or, if a public\nhearing is required by statute, at least sixty days prior to the first\npublic hearing on a proposed rule, the agency proposing to take such\naction shall send in writing or may transmit electronically in\naccordance with article three of the state technology law, a\nnotification of such proposed action to the temporary president of the\nsenate and the speaker of the assembly. This notification shall: (a)\nrefer to the statutory authority under which the action is proposed, (b)\ngive the time and place of any public hearing that may be scheduled\nconcerning the proposed action, or state the manner in which data, views\nor arguments may be submitted to the agency concerning the proposed\naction, (c) contain a copy of the complete text of the proposed rule,\nand (d) contain a fiscal statement setting forth the fiscal consequences\nof the proposed action on the state and its local governments.\n 3. If the agency finds that it is necessary for the preservation of\nthe public health, safety or general welfare to dispense with the\nrequirements of subdivision two of this section, the agency may dispense\nwith such requirements and adopt the rule, as an emergency measure.\nWithin five days of the filing of such emergency measure in the office\nof the department of state, the agency taking such action shall send or\ntransmit, as the case may be, the temporary president of the senate and\nthe speaker of the assembly a notification containing the information\nrequired by subdivision two of this section; provided, however, such\nnotification shall also: (a) include a brief statement setting forth the\nreasons why the agency finds that it is necessary for the preservation\nof the public health, safety or general welfare to dispense with the\nrequirements of subdivision two of this section and adopt the rule as an\nemergency measure, and (b) provide the date the emergency measure will\nterminate if the agency does not intend to adopt such measure as a\npermanent rule, or indicate that the agency intends to adopt such\nmeasure as a permanent rule, in which case compliance with the\nnotification requirements of this section shall be deemed satisfied. The\neffectiveness of any such emergency measure, unless adopted as a\npermanent rule in the manner prescribed by law, shall not exceed ninety\ndays after the filing of such measure in the office of the department of\nstate, provided, however, if such emergency measure is readopted prior\nto the expiration of such ninety day period such readoption and any\nsubsequent readoptions shall remain in effect for no longer than sixty\ndays.\n 4. The legislature in the joint rules of the senate and assembly may\nexempt from the requirements of this section certain rules which have or\nwould have no significant fiscal implications.\n 5. This section does not relieve any agency from compliance with any\nstatute requiring that its rules be filed with or approved by designated\npersons or bodies before they become effective.\n 6. A proceeding to invalidate any rule on the ground of noncompliance\nwith the procedural requirements of this section must be commenced by\nthe temporary president of the senate or the speaker of the assembly\nwithin four months from the effective date of the rule. No rule shall be\nvalid unless adopted in substantial compliance with this section;\nprovided, however, that the inadvertent failure to give notice as\nprovided in this section shall not invalidate any rule.\n