§ 202-E — Guidance documents; availability to public

New York § 202-E

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

Text

§ 202-e. Guidance documents; availability to public. 1. Not less than\nonce each year, every agency shall submit to the secretary of state for\npublication in the state register a list of all guidance documents on\nwhich the agency currently relies, and provide information on where and\nhow regulated parties and members of the public may inspect and obtain\ncopies of any such document; provided, however, that the department of\nenvironmental conservation shall be exempt from the requirements of this\nsubdivision. Unless otherwise provided for by law, an agency may make\nsuch documents available as provided in the freedom of information law,\nand may charge fees pursuant to such law for copies of any such\ndocument.\n 2. The secretary of state may exempt an agency from compliance with\nthe requirements of subdivision one of this section upon a determination\nthat the agency has published on its website the full text of all\nguidance documents on which it currently relies. The secretary of state\nshall publish a notice of such determination identifying the website in\nthe state register.\n 3. Nothing in this section shall be construed as authorizing or\nrequiring the publication of any guidance document where such\npublication is prohibited or limited by law.\n 4. Not less than once every five years, every agency shall conduct a\nprocess for reviewing and updating all guidance documents on which it\ncurrently relies. In conducting such process, the agency shall obtain\nfeedback from regulated parties and members of the public who are\ndirectly or indirectly affected by the guidelines.\n 5. The secretary of state may adopt regulations to implement the\nprovisions of this section.\n