§ 889 — Program responsibilities

New York § 889

• Jurisdiction: New York
• Law EXC: Executive
• Art. 39: Office of Business Permits

Text

* § 889. Program responsibilities. 1. The office shall obtain and keep\non an annual basis appropriate statistical data regarding the number of\npermits issued by state agencies, the amount of time necessary for the\npermits to be issued, the cost of obtaining such permits, the types of\nprojects for which specific permits are issued, a geographic\ndistribution of permits issued, and other pertinent data which the\ndirector deems appropriate. The office shall analyze such data by type\nof permit and by agency responsible and make its findings available to\nthe public.\n 2. The office shall conduct or cause to be conducted a thorough review\nof permit requirements and the need by the state to require such\npermits. The office shall draw on such review, on its direct experience\nand its statistical analyses to prepare recommendations from time to\ntime for the appropriate agencies, the legislature, and the governor\nregarding how to:\n (a) eliminate unnecessary or antiquated permit requirements;\n (b) consolidate duplicative or overlapping permit requirements;\n (c) simplify overly complex or lengthy application procedures;\n (d) expedite time consuming agency review and approval procedures; or,\n (e) otherwise improve the permitting processes in the state.\n 3. Prior to the adoption of any new or modified permit which is not\nexpressly mandated by legislative direction, the office shall conduct a\nreview in the following manner:\n (a) A state agency proposing to adopt a new or modified permit not\nexpressly legislatively mandated, shall, thirty days prior to its\neffective date, file such proposed action with the office. The office\nshall conduct its review in accordance with the following standards:\n (i) necessity: whether the proposed new or modified permit is the most\neffective means of carrying out the intent of the legislature;\n (ii) duplication: whether the permit duplicates or overlaps another\nexisting permit;\n (iii) simplicity: whether the requirements of the permit impose overly\ncomplex or lengthy application or reporting procedures and forms.\n The office shall review and comment upon the proposed permit, and\nsubmit its findings in writing to the submitting state agency, the\nadministrative regulations review commission and the secretary to the\ngovernor within twenty-one days of receipt of the proposed permit.\n (b) Any new or modified non-legislatively mandated permit adopted as\nan emergency measure shall be submitted to the office within five days\nafter its effective date. The office shall review and comment on the\npermit according to the criteria listed in paragraph (a) of this\nsubdivision and report to the submitting state agency, the\nadministrative regulations review commission and the secretary to the\ngovernor within five days of receipt of notice of the emergency action.\n (c) Any applicant or holder of a permit may petition the office in\nwriting to review the need for the permit. The office shall acknowledge\nsuch petition within five days of its receipt. Such review shall be\nconducted within sixty days of receipt and the office's findings shall\nbe submitted in writing to the petitioner, the state agency, the\nadministrative regulations review commission and the secretary to the\ngovernor.\n * NB Authority of office terminated per § 893 December 31, 1995\n