N.Y. Executive Law § 101-a: Legislative notification of the proposed adoption, amendment, suspension or repeal of agency rules

§ 101-a. Legislative notification of the proposed adoption, amendment,

suspension or repeal of agency rules.

1. Definitions. As used in this section,

a. "Agency" means any state board, bureau, commission, department,

authority, division, or officer authorized by law to make rules.

b. "Rule" means the whole or part of each agency statement of general

applicability or regulation or code that implements or applies law, or

prescribes the procedure or practice requirements of any agency,

including the amendment, suspension or repeal thereof, except such as

relates to the organization or internal management of the agency.

2. Except as provided in subdivision three of this section, at least

sixty days prior to either the adoption of any rule, or, if a public

hearing is required by statute, at least sixty days prior to the first

public hearing on a proposed rule, the agency proposing to take such

action shall send in writing or may transmit electronically in

accordance with article three of the state technology law, a

notification of such proposed action to the temporary president of the

senate and the speaker of the assembly. This notification shall: (a)

refer to the statutory authority under which the action is proposed, (b)

give the time and place of any public hearing that may be scheduled

concerning the proposed action, or state the manner in which data, views

or arguments may be submitted to the agency concerning the proposed

action, (c) contain a copy of the complete text of the proposed rule,

and (d) contain a fiscal statement setting forth the fiscal consequences

of the proposed action on the state and its local governments.

3. If the agency finds that it is necessary for the preservation of

the public health, safety or general welfare to dispense with the

requirements of subdivision two of this section, the agency may dispense

with such requirements and adopt the rule, as an emergency measure.

Within five days of the filing of such emergency measure in the office

of the department of state, the agency taking such action shall send or

transmit, as the case may be, the temporary president of the senate and

the speaker of the assembly a notification containing the information

required by subdivision two of this section; provided, however, such

notification shall also: (a) include a brief statement setting forth the

reasons why the agency finds that it is necessary for the preservation

of the public health, safety or general welfare to dispense with the

requirements of subdivision two of this section and adopt the rule as an

emergency measure, and (b) provide the date the emergency measure will

terminate if the agency does not intend to adopt such measure as a

permanent rule, or indicate that the agency intends to adopt such

measure as a permanent rule, in which case compliance with the

notification requirements of this section shall be deemed satisfied. The

effectiveness of any such emergency measure, unless adopted as a

permanent rule in the manner prescribed by law, shall not exceed ninety

days after the filing of such measure in the office of the department of

state, provided, however, if such emergency measure is readopted prior

to the expiration of such ninety day period such readoption and any

subsequent readoptions shall remain in effect for no longer than sixty

days.

4. The legislature in the joint rules of the senate and assembly may

exempt from the requirements of this section certain rules which have or

would have no significant fiscal implications.

5. This section does not relieve any agency from compliance with any

statute requiring that its rules be filed with or approved by designated

persons or bodies before they become effective.

6. A proceeding to invalidate any rule on the ground of noncompliance

with the procedural requirements of this section must be commenced by

the temporary president of the senate or the speaker of the assembly

within four months from the effective date of the rule. No rule shall be

valid unless adopted in substantial compliance with this section;

provided, however, that the inadvertent failure to give notice as

provided in this section shall not invalidate any rule.