§ 202 — Rule making procedure

New York § 202

• Jurisdiction: New York
• Law SAP: State Administrative Procedure Act
• Art. 2: Rule Making

Text

§ 202. Rule making procedure. 1. Notice of proposed rule making. (a)\nPrior to the adoption of a rule, an agency shall submit a notice of\nproposed rule making to the secretary of state for publication in the\nstate register and shall afford the public an opportunity to submit\ncomments on the proposed rule. Unless a different time is specified by\nstatute, the notice of proposed rule making must appear in the state\nregister at least sixty days prior to either\n (i) the addition, amendment or repeal of a rule for which statute does\nnot require that a public hearing be held prior to adoption, or\n (ii) the first public hearing on a proposed rule for which such\nhearing is so required.\n The notice of proposed rule making shall indicate the last date for\nsubmission of comments on the proposed rule, which, unless a different\ntime is specified in statute or this paragraph, shall be not less than\nsixty days after the date of publication of such notice, or, if statute\nrequires that a public hearing be held prior to adoption, not less than\nfive days after the date of the last public hearing scheduled to be held\non the proposed rule. Notwithstanding any other provision of this\nparagraph, when the notice of proposed rule making contains only a\ndescription of the subject, purpose and substance of the rule as\nprovided in subparagraph (v) of paragraph (f) of this subdivision, the\nfull text of the proposed rule shall be posted on a website maintained\nby the agency or another state entity and shall remain posted until such\nproposed rule is adopted, revised, withdrawn or expires pursuant to this\narticle, except that such web posting shall not be required for any rule\ndefined in subparagraph (ii) of paragraph (a) of subdivision two of\nsection one hundred two of this chapter.\n (b) (i) When an agency submits a notice of proposed rule making as\nprovided in paragraph (a) of this subdivision solely for the purpose of\nproposing a consensus rule for adoption, the agency may dispense with\nany requirement for public hearing and the requirements of subparagraphs\n(ii), (iii), (iv), (vi) and (vii) of paragraph (f) of this subdivision;\nprovided, however, that such notice shall include a statement setting\nforth a clear and concise explanation of the basis for the agency's\ndetermination that no person is likely to object to the adoption of the\nrule as written.\n (ii) If any public comment is received on the rule which contains any\nobjection to adoption of a consensus rule, the agency must withdraw the\nnotice of proposed rule making for the consensus rule and may submit a\nnotice of proposed rule making for such rule making which complies with\nall of the relevant provisions of this subdivision.\n (iii) Unless otherwise provided by law, a rule defined in subparagraph\n(ii) of paragraph (a) of subdivision two of section one hundred two of\nthis chapter may be adopted as a consensus rule in accordance with the\nprovisions of this paragraph; provided, however, that for the purposes\nof paragraph (c) of subdivision one of section one hundred three of this\nchapter, any public hearing required by law to be held on any such rule\nshall be deemed to be explicitly directed at such rule. No such rule\nwhich is defined by the public service law as a "major change" may be\nadopted as a consensus rule.\n (c) When appropriate in the judgment of the agency, a notice may also\nbe published in newspapers of general circulation and in trade, industry\nor professional publications as the agency may select, and may be posted\non the agency's internet website, and may be transmitted to newspapers\nand trade, industry or professional publications by electronic means in\naccordance with article three of the state technology law.\n (d) The requirement for publication of a notice of proposed rule\nmaking in the state register shall not preclude the initiation of a\npublic hearing with respect to the proposal of any rule defined in\nsubparagraph (ii) of paragraph (a) of subdivision two of section one\nhundred two of this chapter where notice otherwise consistent with the\nprovisions of this subdivision has been given, provided, however, in all\nsituations notice must be published within a reasonable time prior to\nthe hearing.\n (e) When an agency submits a notice of proposed rule making for a rule\nwhich was proposed for adoption as a consensus rule and subsequently\nwithdrawn pursuant to paragraph (b) of this subdivision, such notice\nshall identify the prior notice of proposed rule making and shall\nbriefly describe the objection or objections which caused the prior\nnotice of proposed rule making to be withdrawn.\n (f) The notice of proposed rule making shall:\n (i) cite the statutory authority, including particular sections and\nsubdivisions, under which the rule is proposed for adoption;\n (ii) give the date, time and place of any public hearing or hearings\nwhich are scheduled;\n (iii) state whether or not the place of any public hearing or hearings\nshall be reasonably accessible to persons with a mobility impairment;\nfor purposes hereof, "persons with a mobility impairment" shall mean\nthose persons with a physical impairment which is permanent and severely\nlimits that person's mobility, or a person who is unable to ambulate\nwithout the aid of a wheelchair or other prosthetic device; provided,\nhowever, that the failure of such accessibility in accordance herewith,\nupon diligent effort to have provided same, shall have no effect upon\nany actions or proceedings taken at any such subject hearings;\n (iv) include a statement that interpreter services shall be made\navailable to deaf persons, at no charge, upon written request to such\nagency representative as shall be designated pursuant to subparagraph\n(viii) of this paragraph within a reasonable time prior to any scheduled\npublic hearing or hearings. If interpreter services are requested, the\nagency conducting the rule making proceeding in all instances shall\nappoint a qualified interpreter who is certified by a recognized\nnational or New York state credentialing authority to interpret the\nproceedings to, and the testimony of, such deaf person. Such agency\nshall determine a reasonable fee for all such interpreting services\nwhich shall be a charge upon the agency;\n (v) contain the complete text of the proposed rule, provided, however,\nif such text exceeds two thousand words, the notice shall contain only a\ndescription of the subject, purpose and substance of such rule in less\nthan two thousand words and shall identify the address of the website on\nwhich the full text has been posted;\n (vi) include a regulatory impact statement prepared pursuant to\nsection two hundred two-a of this article, provided, however, if such\nstatement exceeds two thousand words, the notice shall include only a\nsummary of such statement in less than two thousand words and the full\ntext of such statement shall be posted on a website maintained by the\nagency or another state entity until such statement is revised or the\nproposed rule is adopted or withdrawn or expires pursuant to this\narticle;\n (vii) include a regulatory flexibility analysis and a rural area\nflexibility analysis prepared pursuant to sections two hundred two-b and\ntwo hundred two-bb of this article, provided, however, if an analysis\nexceeds two thousand words, the notice shall include only a summary of\nsuch analysis in less than two thousand words and the full text of such\nanalysis shall be posted on a website maintained by the agency or\nanother state entity until such analysis is revised or the proposed rule\nis adopted or withdrawn or expires pursuant to this article;\n (viii) give the name, public office address and telephone number of an\nagency representative, who is knowledgeable on the proposed rule, from\nwhom the complete text of such rule and any scientific or statistical\nstudy, report and analysis that served as the basis for the rule and any\nsupporting data, the regulatory impact statement, the regulatory\nflexibility analysis, and the rural area flexibility analysis may be\nobtained; from whom information about any public hearing may be\nobtained; and to whom written data, views and arguments may be\nsubmitted; and\n (ix) include any additional matter required by statute.\n 2. Expiration of notice of proposed rule making; notice of expiration.\n(a) Except with respect to any notice of proposed rule making\nconcerning a rule defined in subparagraph (ii) of paragraph (a) of\nsubdivision two of section one hundred two of this chapter, a notice of\nproposed rule making shall expire and be ineffective for the purposes of\nthis section, unless the proposed rule is adopted by the agency and\nfiled with the secretary of state in the manner prescribed by law,\nwithin three hundred sixty-five days after the latter of:\n (i) the publication in the state register of a notice of proposed rule\nmaking for the rule; or\n (ii) the date of the last public hearing announced in a notice of\nproposed rule making for the rule.\n (b) When a notice so expires, the secretary of state shall publish a\nnotice of expiration in the state register. Such notice shall contain\nsuch information as is determined, in the discretion of the secretary of\nstate, to serve the public interest.\n 3. Continuation of notice of proposed rule making. If, within ninety\ndays of the date on which a rule will expire, an agency submits a notice\nof revised rule making for the rule, the rule making will be continued\nfor an additional ninety days beyond the date on which it would have\nexpired.\n 4. Withdrawal of notice of proposed rule making; notice of withdrawal.\nAn agency may withdraw a notice of proposed rule making and terminate a\nrule making proceeding by submitting a notice of withdrawal to the\nsecretary of state for publication in the state register. Such notice\nshall include a statement of the reason or reasons for withdrawal of the\nproposed rule.\n 4-a. Notice of revised rule making. (a) Except with respect to any\nrule defined in subparagraph (ii) of paragraph (a) of subdivision two of\nsection one hundred two of this chapter, prior to the adoption of a\nrule, an agency shall submit a notice of revised rule making to the\nsecretary of state for publication in the state register for any\nproposed rule which contains a substantial revision. The public shall be\nafforded an opportunity to submit comments on the revised text of a\nproposed rule. Unless a different time is specified in statute, the\nnotice of revised rule making must appear in the state register at least\nforty-five days prior to the adoption of the rule. The notice of revised\nrule making shall indicate the last date for submission of comments on\nthe revised text of the proposed rule, which, unless a different time is\nspecified in statute, shall be not less than forty-five days after the\ndate of publication of such notice.\n (b) Each agency shall publish and make available to the public an\nassessment of public comment for a rule revised pursuant to this\nsubdivision. Such assessment shall be based upon any written comments\nsubmitted to the agency and any comments presented at any public hearing\nheld on the proposed rule by the agency. The assessment shall contain:\n(i) a summary and an analysis of the issues raised and significant\nalternatives suggested by any such comments; (ii) a statement of the\nreasons why any significant alternatives were not incorporated into the\nrule; and (iii) a description of any changes made in the rule as a\nresult of such comments. If no comments have been received, the notice\nof revised rule making shall state that no comments were received by the\nagency. Any subsequent assessment published pursuant to this paragraph\nor paragraph (b) of subdivision five of this section need only include\ncomments not addressed in any previously published assessment of public\ncomment for the rule; provided, however, that the notice of revised rule\nmaking or adoption shall contain the date any previous notice of revised\nrule making containing an assessment of public comment was published in\nthe state register.\n (c) The notice of revised rule making shall:\n (i) cite the statutory authority, including particular sections and\nsubdivisions, under which the rule is proposed for adoption;\n (ii) contain the complete revised text of the proposed rule, provided,\nhowever, if such text exceeds two thousand words, the notice may contain\nonly a description of the subject, purpose and substance of such rule in\nless than two thousand words and shall identify the website of the\nagency, or of another state entity, on which the complete revised text\nhas been posted;\n (iii) identify the substantial revisions to the text of the rule;\n (iv) give the date, time and place of any public hearing or hearings\non the rule which are to be held subsequent to the publication of the\nnotice;\n (v) include a revised regulatory impact statement, when required by\nthe provisions of paragraph (b) of subdivision six of section two\nhundred two-a of this article, provided, however, if such statement\nexceeds two thousand words, the notice shall include only a summary of\nsuch statement in less than two thousand words and shall identify the\nwebsite of the agency, or of another state entity, on which the complete\nrevised text has been posted;\n (vi) include a revised regulatory flexibility analysis and a rural\narea flexibility analysis, when required by the provisions of paragraph\n(b) of subdivision seven of section two hundred two-b and paragraph (b)\nof subdivision eight of section two hundred two-bb of this article,\nprovided, however, if such analysis exceeds two thousand words, the\nnotice shall include only a summary of such analysis in less than two\nthousand words and shall identify the website of the agency, or of\nanother state entity, on which the full text of the revised analysis has\nbeen posted;\n (vii) give the name, address and telephone number of an agency\nrepresentative knowledgeable on the rule, from whom the complete revised\ntext of such rule, any revised regulatory impact statement any revised\nregulatory flexibility analysis and any revised rural area flexibility\nanalysis may be obtained; from whom information about any additional\npublic hearing may be obtained; and to whom written data, views and\narguments may be submitted;\n (viii) state whether the notice shall also extend the rule making\nperiod for an additional ninety days as provided in subdivision three of\nthis section;\n (ix) include the assessment of public comment, prepared pursuant to\nparagraph (b) of this subdivision provided, however, that, if such\nassessment exceeds two thousand words, the notice shall include only a\nsummary of such assessment in less than two thousand words; and\n (x) include any additional matter required by statute.\n (d) An agency may not submit a notice of revised rule making for a\nrule which has been proposed as a consensus rule.\n 5. Notice of adoption. (a) When an agency files a rule with the\nsecretary of state, such agency shall also submit a notice of adoption\nto the secretary of state for publication in the state register. Except\nas provided in subdivision six of this section, an agency may not file a\nrule with, or submit a notice of adoption to, the secretary of state\nunless the agency has previously submitted a notice of proposed rule\nmaking and complied with the provisions of this section.\n (b) Except with respect to any rule defined in subparagraph (ii) of\nparagraph (a) of subdivision two of section one hundred two of this\nchapter, each agency shall publish and make available to the public an\nassessment of public comment for a rule adopted pursuant to this\nsubdivision or paragraph (e) of subdivision six of this section. Such\nassessment shall be based upon any written comments submitted to the\nagency and any comments presented at any public hearing held on the\nproposed rule by the agency. The assessment shall contain: (i) a summary\nand an analysis of the issues raised and significant alternatives\nsuggested by any such comments, (ii) a statement of the reasons why any\nsignificant alternatives were not incorporated into the rule and (iii) a\ndescription of any changes made in the rule as a result of such\ncomments. If any comments included estimates of projected costs of the\nproposed rule to the state, local governments or regulated persons,\nwhich differed significantly from those presented by the agency in its\nregulatory impact statement, regulatory flexibility analysis, or rural\narea flexibility analysis, the assessment shall also summarize the\nagency's assessment of such estimates. If no comments have been\nreceived, the notice of adoption shall state that no comments were\nreceived by the agency. Comments submitted or presented to the agency by\na legislative committee or commission or by a member or members of the\nsenate or assembly shall be considered public comment and shall be\nsummarized and analyzed in the assessment.\n (c) The notice of adoption shall:\n (i) cite the statutory authority, including particular sections and\nsubdivisions, under which the rule is adopted;\n (ii) contain the complete text of the rule as adopted, provided,\nhowever, if such text exceeds two thousand words, the notice shall\ncontain only a description of the subject, purpose and substance of such\nrule in less than two thousand words;\n (iii) state whether there have been any changes in the text of the\nrule as adopted when compared with the text of the latest published\nversion of the proposed rule, and if such changes have occurred, cite\nthe particular sections, subdivisions and paragraphs so changed;\n (iv) give the effective date of the rule;\n (v) include a revised regulatory impact statement, when required by\nthe provisions of paragraph (b) of subdivision six of section two\nhundred two-a of this article, provided, however, if such statement\nexceeds two thousand words, the notice shall include only a summary of\nsuch statement in less than two thousand words;\n (vi) include a revised regulatory flexibility analysis and a rural\narea flexibility analysis, when required by the provisions of paragraph\n(b) of subdivision seven of section two hundred two-b and paragraph (b)\nof subdivision eight of section two hundred two-bb of this article,\nprovided, however, if such statement exceeds two thousand words, the\nnotice shall include only a summary of such statement in less than two\nthousand words;\n (vii) include the assessment of public comment, prepared pursuant to\nparagraph (b) of this subdivision, provided, however, if such assessment\nexceeds two thousand words, the notice shall include only a summary of\nsuch assessment in less than two thousand words;\n (viii) give the name, public office address and telephone number of an\nagency representative from whom the complete text of the rule and any\nrevised regulatory impact statement, revised regulatory flexibility\nanalysis, rural area flexibility analysis or assessment of comments may\nbe obtained; and\n (ix) state whether any notice of revised rule making had been\nsubmitted for such rule making and specify the date or dates that such\nnotice or notices appeared in the state register; and\n (x) include any additional matter required by statute.\n 6. Notice of emergency adoption. (a) Notwithstanding any other\nprovision of law, if an agency finds that the immediate adoption of a\nrule is necessary for the preservation of the public health, safety or\ngeneral welfare and that compliance with the requirements of subdivision\none of this section would be contrary to the public interest, the agency\nmay dispense with all or part of such requirements and adopt the rule on\nan emergency basis.\n (b) Unless otherwise provided by law, such emergency rule shall not\nremain in effect for longer than ninety days after being filed with the\nsecretary of state unless within such time the agency complies with the\nrequirements of subdivision one of this section and adopts the rule\npursuant to the provisions of subdivision five of this section,\nprovided, however, if such emergency rule is readopted prior to the\nexpiration of such ninety day period such readoption and any subsequent\nreadoptions shall remain in effect for no longer than sixty days.\n (c) An emergency rule which is in regard to security authorizations,\ncorporate or financial structures or reorganization thereof, and for\nwhich statute does not require that a public hearing be held prior to\nadoption, shall not expire pursuant to the provisions of paragraph (b)\nof this subdivision if the agency finds that the purpose of the rule\nwould be frustrated if subsequent notice procedures were required.\n (d) A notice of emergency adoption shall:\n (i) cite the statutory authority, including particular sections and\nsubdivisions, under which the rule is adopted;\n (ii) state whether the notice shall also constitute a notice of\nproposed rule making for the purposes of subdivision one of this\nsection, and if so, give the date, time and place of any public hearing\nor hearings which are scheduled;\n (iii) state whether the notice shall also constitute a notice of\nrevised rule making for the purposes of subdivision four-a of this\nsection, and if so, include all information required by such\nsubdivision; and\n (iv) contain the findings required by paragraphs (a) and (c) of this\nsubdivision and include a statement fully describing the specific\nreasons for such findings and the facts and circumstances on which such\nfindings are based. Such statement shall include, at a minimum, a\ndescription of the nature and, if applicable, location of the public\nhealth, safety or general welfare need requiring adoption of the rule on\nan emergency basis; a description of the cause, consequences, and\nexpected duration of such need; an explanation of why compliance with\nthe requirements of subdivision one of this section would be contrary to\nthe public interest; and an explanation of why the current circumstance\nnecessitates that the public and interested parties be given less than\nthe minimum period for notice and comment provided for in subdivision\none of this section;\n (v) give the effective date of the rule;\n (vi) state the specific date the emergency rule will expire;\n (vii) contain the complete text of the rule as adopted, provided,\nhowever, if such text exceeds two thousand words, the notice shall\ncontain only a description of the subject, purpose and substance of such\nrule in less than two thousand words and shall identify the address of\nthe website, if any, on which the full text has been posted;\n (viii) include a regulatory impact statement prepared pursuant to\nsection two hundred two-a of this chapter or a statement setting forth\nthat the regulatory impact statement will appear in the state register\nwithin thirty days of the effective date of the emergency rule,\nprovided, however, if either statement exceeds two thousand words, the\nnotice shall include only a summary of such statement in less than two\nthousand words;\n (ix) include a regulatory flexibility analysis prepared pursuant to\nsection two hundred two-b and a rural area flexibility analysis pursuant\nto section two hundred two-bb of this chapter or a statement that the\nregulatory flexibility analysis and/or rural area flexibility analysis\nwill appear in the state register within thirty days of the effective\ndate of the emergency rule, provided, however, if such analysis or\nstatement exceeds two thousand words, the notice shall include only a\nsummary of such analysis or statement in less than two thousand words;\n (x) give the name, public office address and telephone number of an\nagency representative, knowledgeable on the rule, from whom a complete\ntext of such rule, the regulatory impact statement, regulatory\nflexibility analysis, and the rural area flexibility analysis may be\nobtained; from whom information about any public hearing may be\nobtained; and to whom written data, views and arguments may be\nsubmitted; and\n (xi) include any additional matter required by statute.\n (e) If, prior to the expiration of a rule adopted pursuant to\nparagraph (a) of this subdivision, the agency finds that the readoption\nof such rule on an emergency basis is necessary for the preservation of\nthe public health, safety or general welfare, the agency may readopt the\nrule on an emergency basis. No readoption shall be filed with the\nsecretary of state unless the agency has submitted a notice of proposed\nrule making pursuant to subdivision one of this section. No second or\nsubsequent readoption shall be filed with the secretary of state unless\nthe agency at the same time submits an assessment of public comments\nprepared pursuant to paragraph (b) of subdivision five of this section.\n (f) When the notice of emergency adoption contains only a description\nof the subject, purpose and substance of the rule as provided in\nsubparagraph (vii) of paragraph (d) of this subdivision, the full text\nof the rule shall be posted on a website maintained by the agency or\nanother state entity as soon as practicable, but not later than the date\nthe notice of emergency adoption is published in the state register.\n 6-a. Distribution of rule making information. (a) An agency shall\ntransmit a copy of any rule making notice prepared pursuant to this\narticle to the governor, the temporary president of the senate, the\nspeaker of the assembly and the administrative regulations review\ncommission at the time such notice is submitted to the secretary of\nstate for publication in the state register. Such transmittal shall\ninclude the complete rule text, regulatory impact statement, regulatory\nflexibility analysis, rural area flexibility analysis, or revisions\nthereof, and any other information submitted to the secretary of state\npursuant to this article. Furthermore, such transmittal may be completed\nby electronic means in accordance with article three of the state\ntechnology law.\n (b) An agency shall make a copy of the complete text of any proposed,\nadopted or emergency rule, regulatory impact statement, regulatory\nflexibility analysis, rural area flexibility analysis, or revisions\nthereof available, in written or electronic forms, to the public at the\ntime such documents are submitted to the secretary of state for\npublication in the state register and shall send to any person a copy of\nsuch text upon written or electronic request.\n (c) An agency shall notify every person who has submitted a written or\nelectronic request to be notified of all proposed, revised, emergency\nand/or adopted rules which may affect such person. The agency may allow\nrequests for only the rules of particular divisions or programs within\nthe agency that are of interest to such person. Written requests shall\nexpire annually on the thirty-first day of December with renewals for\nthe succeeding year to be accepted on or after December first.\nElectronic requests shall not expire, but shall continue until the\nperson submits a request to discontinue such notification. Notices\nissued pursuant to such requests shall be sent to the last address or\nelectronic mail address specified by the person. An agency may charge\nany person requesting such notice a fee consisting of the cost of\npreparation, handling and postage; provided, however, that no fee shall\nbe charged for electronic notices. As an alternative to sending a\ndocument electronically, an agency may identify the document and provide\na link to the section of its website containing the full text of such\ndocument.\n 7. Rule text requirements. (a) Except with respect to any rule defined\nin subparagraph (ii) of paragraph (a) of subdivision two of section one\nhundred two of this chapter, the complete text of any proposed or\nadopted rule shall identify new language by underscoring or italics,\nenclose in brackets any words which are to be deleted, and give the\ncitation of any rule which is to be repealed.\n (b) Notwithstanding any provision herein to the contrary, an agency\nmay:\n (i) with regard to a notice published in the state register concerning\na rule defined in subparagraph (ii) of paragraph (a) of subdivision two\nof section one hundred two of this chapter, elect to include either the\ncomplete text of the proposed or adopted rule in two thousand words or\nless, or a description of the subject, purpose and substance of such\nrule in less than two thousand words; and\n (ii) with regard to a notice published in any newspaper or publication\nother than the state register, elect to include either the complete text\nor a description of the subject, purpose and substance of the proposed\nor adopted rule.\n (c) For the purposes of determining if the length of the text of a\nrule to be published pursuant to this section exceeds two thousand\nwords, such text shall exclude any previously published portion of the\nrule which is precisely identified in the text thereof pursuant to\nparagraph c of subdivision one of section one hundred two of the\nexecutive law;\n (d) When a notice published pursuant to this section refers to any\nrule, text or other information that has been posted on a website\nmaintained by a state entity in lieu of publication:\n (i) the text or information shall be posted not later than the date\nthe notice is published in the state register, and to the extent\npracticable shall be maintained on such website during the entire period\nfor which such notice is effective; and\n (ii) the notice shall provide sufficient information to enable the\npublic to access such information without extensive searching, and shall\nconform to any guidance prescribed by the secretary of state pursuant to\nsubdivision nine of this section.\n 8. Judicial review. A proceeding may be commenced to contest a rule on\nthe grounds of noncompliance with the procedural requirements of this\nsection, section two hundred two-a and section two hundred two-b of this\nchapter, provided, however, such proceeding must be commenced within\nfour months from the effective date of such rule. Each rule shall be\npromulgated in substantial compliance with the provisions of such\nsections, provided, however, the inadvertent failure to send notice to\nany person shall not serve to invalidate any rule promulgated hereunder.\n 9. Secretary of state. (a) The secretary of state shall:\n (i) prescribe standard forms to be used by agencies when submitting\nfor publication in the state register the notices required by this\nsection;\n (ii) promptly review each notice submitted by an agency for such\npublication;\n (iii) reject those notices which are not in substantial compliance\nwith the provisions of this section, give prompt notice of such\nrejection to the agency, and advise such agency on the corrective action\nrequired;\n (iv) publish all notices and statements, required by this section and\nsection two hundred one-a of this chapter, in the state register as soon\nas practicable; and\n (v) prescribed guidance, developed in consultation with the office of\ninformation technology services, for online posting of text and\ninformation pursuant to this section.\n (b)(i) The secretary of state may, in addition to publication of the\nstate register, publish an electronic copy of the state register which\nshall be freely available on the internet.\n (ii) Whenever an agency provides an electronic mail address for the\nsubmission of comments regarding a notice, the secretary of state shall\nprovide a direct link between the electronic copy of the state register\nand that electronic mail address, permitting a person viewing the\nelectronic copy of the state register to immediately submit comments by\nelectronic mail.\n (iii) The secretary of state shall provide that the direct link\nbetween the electronic copy of the state register and the electronic\nmail address provided by an agency.\n (iv) Nothing contained in this paragraph shall impose upon the\nsecretary of state or any agency any responsibility for delivery or\nfailure of delivery of comments submitted through the direct link\nbetween the electronic copy of the state register and the electronic\nmail address provided by an agency in the event of any failure,\nincompatibility, or lack of function in any computer or communications\nhardware or software, regardless of whether such hardware or software is\nor is not within the control of the secretary of state or agency.\n