N.Y. Agriculture & Markets Law § 36-a: Petition for revocation or modification of rule or order of the commissioner

§ 36-a. Petition for revocation or modification of rule or order of

the commissioner. Any person subject to a rule or order of the

commissioner, promulgated under the provisions of article four, article

four-a, or article twenty-one of this chapter, may file a written

petition with the commissioner stating that any such rule or order or

provision thereof or any obligation imposed in connection therewith is

not in accordance with law and praying for the revocation or

modification thereof. He shall thereupon be given an opportunity for a

hearing and ruling upon such petition in accordance with the provisions

of subdivision five of section thirty-six of this article. The decision

of the commissioner shall be final unless within thirty days after its

issuance one of the parties shall institute a proceeding for the review

thereof, as provided in the next section, provided further that the

pendency of any such proceeding shall not impede or prevent the

commissioner from taking any action authorized under section thirty-five

of this article.