§ 202-F — Public hearings

New York § 202-F

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

Text

* § 202-f. Public hearings. 1. Whenever a public hearing is held on a\nproposed rule pursuant to this chapter, unless otherwise provided in\nlaw, an agency is authorized to utilize innovative techniques to enhance\npublic participation in rule making, including but not limited to\nallowing the public to ask questions of agency personnel for a portion\nof such hearing, organizing such hearing as a roundtable discussion,\nscheduling an evening or weekend hearing, and using digital,\nbroadcasting and/or teleconferencing technologies; provided, however,\nthat no such innovative techniques shall be used in a manner which\ndiminishes the ability which members of the public would otherwise have\nto comment on the proposed rule at a public hearing. Each agency listed\nin subdivision four of this section shall, and any other agency may,\ninclude in its annual report a description and analysis of its use of\ninnovative techniques pursuant to this subdivision.\n 2. Except as provided in subdivision three of this section, if the\nworkers' compensation board, the state education department, the\ndepartment of financial services, the department of labor, or the office\nof temporary and disability assistance receive a petition subscribed by\nnot fewer than five hundred persons residing in this state, or if the\ndepartment of health or department of environmental conservation receive\na petition subscribed by not fewer than seven hundred fifty persons\nresiding in this state, requesting a public hearing on any rule or rules\nwhich have been proposed by the agency, or have been described in the\nregulatory agenda submitted by the agency pursuant to section two\nhundred two-d of this article, which an agency may require to be\nsubmitted on a petition form it has promulgated, such agency shall hold\nat least one public hearing on the rule or rules; provided, however,\nthat any such petition on a rule which has been proposed must be\nreceived by the agency not later than the thirtieth day before the last\ndate for submission of comments. Any rule issued by the department of\nhealth that is also subject to review by the public health and health\nplanning commission shall not be subject to the provisions of this\nsubdivision. Any agency that receives a petition after the thirtieth day\nbefore the last date for submission of comments and any agency not\nlisted in subdivision four of this section may elect to hold a hearing\nupon receipt of a petition. Due consideration shall be given to any\nrequest in a petition that a hearing be conducted in a particular\nregion.\n 3. An agency shall not be required to hold a public hearing pursuant\nto subdivision two of this section (a) on a rule for which a hearing is\nrequired by law and has been scheduled or held; (b) on a consensus rule;\n(c) on a rule defined in subparagraph (ii) of paragraph (a) of\nsubdivision two of section one hundred two of this chapter; or (d) a\nrule adopted on an emergency basis until a notice of proposed rulemaking\nhas been issued. When a public hearing has been requested for any rule\ndescribed in a regulatory agenda, the agency shall not be required to\nschedule a public hearing until such time as the rule is proposed\npursuant to this chapter.\n 4. The following agencies shall engage in the reporting provided for\nin subdivision one of this section and hold hearings as provided for in\nsubdivisions two and three of this section: the workers' compensation\nboard and the departments of education, environmental conservation,\nhealth, financial services, labor and family assistance.\n * NB Repealed January 1, 2027\n