N.Y. Executive Law § 102: Filing and publication of codes, rules and regulations

§ 102. Filing and publication of codes, rules and regulations. 1. a.

No code, rule or regulation shall become effective until it is filed

with the secretary of state, unless a later date is required by statute

or is specified by such code, rule or regulation.

b. Each department, board, bureau, officer, authority, commission or

other agency of the state, authorized by statute to adopt codes, rules

or regulations shall transmit to the secretary of state a certified copy

of every such code, rule and regulation except such as relate solely to

the organization or internal management of such department, board,

bureau, authority, commission or other agency of the state in force at

the time of such transmittal or to become effective thereafter,

certified by the head of such department, board, bureau, authority,

commission or other agency of the state, or if such head is a board or

commission, by the chairman or secretary thereof, together with a

citation of the statutory authority pursuant to which each such code,

rule or regulation was adopted.

c. Any code, rule or regulation which includes in the text thereof any

United States statute, or code, rule or regulation previously published

in the code of federal regulations or in the federal register, or any

previously published data, criteria, standards, specifications,

techniques, illustrations or other information reasonably available to

regulated parties, shall have set forth in its text a precise

identification of such material, including but not limited to:

applicable titles, dates, editions, page numbers, section numbers, and

authors, the names and addresses of the publisher from whom a copy may

be obtained, and the designated office or offices of the adopting agency

at which such material is available for public inspection and copying.

d. No amendment to any material identified pursuant to paragraph c of

this subdivision shall be effective unless adopted in compliance with

the applicable provisions of law and filed with the secretary of state

pursuant to this section.

e. The secretary of state shall promulgate rules establishing

procedure, forms, style and font for submission of every such code, rule

and regulation required to be submitted by this section.

2. Immediately upon adopting any new code, rule or regulation

including any rule as defined in the state administrative procedure act,

or any amendment to or repeal thereof, except such as relate solely to

the organization or internal management of a department, board, bureau,

authority, commission or other agency of the state, the original thereof

shall be filed in the office of the department of state. Attached

thereto shall be a certificate, in a form prescribed by the secretary of

state, citing the statutory authority including particular sections and

subdivisions pursuant to which each such change or new code, rule or

regulation was adopted, the date of adoption, and the date of

publication in the state register of the notice required under the

provisions of the state administrative procedure act as well as the date

and manner of publication of any additional prior notice required under

any other statute. If the action taken shall be exempt from the

provisions of the state administrative procedure act and if no other

statutory notice requirement shall be applicable the certificate shall

so state. Such certificate shall be signed by the head of the

department, board, bureau, authority, commission, or other agency of the

state, or if such head is a board or commission, by the chairman or

secretary thereof, or, in lieu of such signatures, it may be signed by a

person designated by such head or chairman aforementioned, provided such

designation is made in writing, contains therein the signature of the

person designated, and is filed with the department of state. The

secretary of state shall reject any rule submitted for filing in the

event that either the notice required by subdivision five or six of

section two hundred two of the state administrative procedure act, or

the attached certificate, reveals that the rule was not adopted in

substantial compliance with section two hundred two of such act.

3. It shall be the duty of the secretary of state to prepare a master

compilation of all such codes, rules and regulations in such form and

order as he may determine. He shall not, however, change the language of

any existing code, rule or regulation except a title or explanatory

caption; but he shall recommend any such change as he may deem advisable

to the department, board, bureau, officer, authority, commission or

other agency of the state authorized to adopt such code, rule or

regulation. Such master compilation shall include all codes, rules and

regulations except such as relate solely to the organization or internal

management of a department, board, bureau, authority, commission or

other agency of the state, in effect on the first day of January,

nineteen hundred forty-five, and which he shall certify as a true copy

of the master compilation prepared by him.

4. Publication of all such codes, rules and regulations filed with the

secretary of state pursuant to this section shall be provided in the

following manner:

a. the secretary of state shall make readily available in his office,

for public inspection and copying, the full text of the master

compilation;

b. each agency shall make readily available at a designated office or

offices of the agency, for public inspection and copying, the full text

of all codes, rules and regulations adopted by the agency;

c. at the same time material identified pursuant to paragraph c of

subdivision one of this section is filed with the secretary of state, an

agency shall transmit a copy of all such material except material that

is: (i) a United States statute or a code, rule or regulation published

in the Code of Federal Regulations or in the Federal Register; or (ii)

readily available without charge on the internet to the legislative

library and, within each judicial department of the state, one court law

library designated by the chief administrator of the courts; provided

that for materials readily available on the internet, the agency shall

identify the address at which such materials can be accessed;

d. notwithstanding any provisions of law to the contrary, photocopies

of any codes, rules and regulations shall be available to the public

upon payment of a fee not to exceed twenty-five cents per page; and

e. the secretary of state shall cause such compilation to be printed;

however, he may exclude from such printed compilation any previously

published portion of a rule which is precisely identified in the text

thereof pursuant to paragraph c of subdivision one of this section.

5. The compilation printed pursuant to paragraph e of subdivision four

of this section shall be known as the "official compilation of codes,

rules and regulations of the state of New York" and shall presumptively

establish the codes, rules and regulations of the state of New York,

except such as relate solely to the organization or internal management

of a department, board, bureau, authority, commission or other agency of

the state, in force and effect on the first day of January, nineteen

hundred forty-five. The official supplements to such compilation

published as hereinafter provided shall presumptively establish any

changes in such codes, rules and regulations and any new codes, rules or

regulations except such as relate solely to the organization or internal

management of a department, board, bureau, authority, commission or

other agency of the state, affected by addition, amendment or repeal, or

adopted during the period ending on the thirty-first day of December in

any year immediately preceding the publication of such supplement.

Nothing in such official compilation or any new edition thereof or

official supplement thereto shall be construed as repealing or amending

any code, rule or regulation adopted by any department, board, bureau,

authority, commission or other agency of the state, and in case of any

inconsistency arising through omission or otherwise between the official

compilation and such codes, rules and regulations as filed in the office

of the secretary of state, the latter shall prevail.