§ 203 — Filing; effective date

New York § 203

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

Text

§ 203. Filing; effective date. 1. Except as provided in subdivision\ntwo of this section, no rule shall become effective until it is filed\nwith the secretary of state and the notice of adoption is published in\nthe state register pursuant to subdivision five of section two hundred\ntwo of this article, unless: (i) a later date is required by statute or\nis specified in the rule, (ii) adopted as an emergency rule pursuant to\nsubdivision six of section two hundred two of this article, or (iii)\ndefined as a rule in subparagraph (ii) of paragraph (a) of subdivision\ntwo of section one hundred two of this chapter. Each rule submitted for\nfiling shall have attached thereto the certificate required under\nsubdivision two of section one hundred two of the executive law.\n 2. (a) An agency may, after a rule is filed with the secretary of\nstate pursuant to subdivision one of this section and prior to the\neffective date of such rule, amend, suspend or repeal such rule prior to\nthe effective date without complying with the provisions of subdivision\none of section two hundred two of this article. If an agency amends,\nsuspends or repeals a rule pursuant to this subdivision, such agency\nshall file a notice of adoption pursuant to subdivision five of section\ntwo hundred two of this article, provided, however, that such notice of\nadoption shall identify the rule which is being amended, suspended or\nrepealed pursuant to this subdivision, provided, further, for the\npurposes of compliance with subparagraphs (iii), (v) and (vi) of\nparagraph (c) of subdivision five of such section two hundred two, the\ntext of the rule as adopted pursuant to subdivision one of this section\nshall be compared with the text of the rule being amended, suspended or\nrepealed pursuant to this subdivision.\n (b) An agency may not amend, suspend or repeal a rule pursuant to this\nsubdivision if such action would constitute a substantial revision of\nthe rule as adopted. To determine if such action constitutes a\nsubstantial revision of the adopted rule, such amendment, suspension or\nrepeal shall be compared with the text of the rule which was filed with\nthe secretary of state pursuant to subdivision one of this section. The\nprovisions of this paragraph shall not apply if such amendment,\nsuspension or repeal only delays the effective date of such rule.\n 3. The secretary of state shall reject any rule submitted for filing\nby an agency where the notice of proposed rule making for such rule has\nexpired pursuant to the provisions of section two hundred two of this\nchapter.\n 4. If a rule requires a regulated party to develop a written plan or\ncompliance document which must be submitted to or retained for\ninspection by the agency, the agency is required to, upon request of one\nor more regulated parties, prepare a model of such a written plan or\ncompliance document to provide guidance as to the content and form of\nsuch written plan or compliance document and the minimum elements which\nsuch written plan or compliance document should contain. The\navailability of any such model plan or document shall be communicated to\nregulated parties through publication in the state register and by any\nother means which the agency determines to be efficient and effective,\nand shall be made available to regulated parties and the public within\nthe time frame established for submission of the written plan or\ncompliance documents. Unless otherwise prohibited by law, when an\nagency has prepared a model plan or document pursuant to this\nsubdivision, it may extend the final date for submitting a written plan\nor compliance document for an additional period, not to exceed ninety\ndays, if such an extension is deemed necessary to permit regulated\nparties to use the model plan as guidance in developing their written\nplans or compliance documents. Whenever a model plan is prepared, the\nagency shall cause a notice to be published in the state register\nindicating that it has prepared a model plan and identifying the written\nplan or compliance document for which the model plan or document has\nbeen prepared. Such notice shall also indicate whether the final date\nfor submitting a written plan or compliance document has been extended\npursuant to this subdivision, and, if so, shall set forth the new final\ndate for submission.\n