N.Y. State Administrative Procedure Act § 202-d: Regulatory agenda

§ 202-d. Regulatory agenda. * 1. (a) The departments of health,

education, environmental conservation, financial services, labor,

agriculture and markets, motor vehicles and state, the offices of

children and family services and temporary and disability assistance,

the division of housing and community renewal, the state gaming

commission, the office of mental health, the office for people with

developmental disabilities and the workers' compensation board, and any

other department or agency specified by the governor or his or her

designee shall, and any other agency may, in its discretion, submit in

writing or electronically in accordance with article three of the state

technology law to the secretary of state, for publication in any regular

issue of the state register published during the month of January, a

regulatory agenda to solicit comments concerning any rule which the

agency is considering to propose, but for which no notice of proposed

rule making has been submitted pursuant to subdivision one of section

two hundred two of this article.

(b) A regulatory agenda shall be comprised of a list and brief

description of subject matter being considered for rule making and the

name, public office, address, e-mail address and telephone number of the

agency representative, knowledgeable on such regulatory agenda, from

whom any information may be obtained, including any draft version of a

potential rule that an agency is making publicly available, and to whom

written comments may be submitted concerning such regulatory agenda.

(c) Agencies shall publish the regulatory agendas and information

related to such agendas on their respective websites. An agency may

update the regulatory agenda on its website by adding a description of a

rule which the agency has begun to consider proposing after publication

of its regulatory agenda in the state register. Such description shall

identify the date on which the description is first listed in the

regulatory agenda and shall conspicuously indicate that the description

has been newly listed for a period of not less than thirty days after

such date. Updating a regulatory agenda on its website shall not require

an agency to submit any additional information for publication in the

state register related to such update.

(d) An agency shall identify each rule described in its regulatory

agenda for which a regulatory flexibility analysis or a rural area

flexibility analysis may be required, and shall provide outreach as

appropriate to potentially affected small businesses, local governments

and public and private interests in rural areas. Such outreach may

include solicitation of input from potentially affected parties through

electronic means or through any of the activities listed in subdivision

six of section two hundred two-b and subdivision seven of section two

hundred two-bb of this article.

* NB Effective until December 31, 2028

* 1. An agency may, in its discretion, submit in writing or

electronically in accordance with article three of the state technology

law to the secretary of state, for publication in the first regular

issue of the state register published during the months of January, May

and September, a regulatory agenda to afford the agency an opportunity

to solicit comments concerning any rule which the agency is considering

proposing, but for which no notice of proposed rule making has been

submitted pursuant to subdivision one of section two hundred two of this

article. A regulatory agenda shall be comprised of summaries of such

rules. Each summary shall, in less than two thousand words, contain, in

so far as practicable:

(a) a description of the rule which the agency is considering;

(b) a citation to the statutory authority, including particular

sections and subdivisions, which authorizes the rule;

(c) a schedule of the dates for hearings, meetings or other

opportunities for public participation in the development of the rule,

if any;

(d) the probable date on which the agency anticipates submitting,

pursuant to section two hundred two of this chapter, a notice of

proposed rule making for such rule if known;

(e) the name, public office, address and telephone number of the

agency representative, knowledgeable on such rule, from whom any

information may be obtained and to whom written comments may be

submitted concerning such rule; and

(f) any other information which the agency determines will serve the

public interest.

* NB Effective December 31, 2028

* 2. Nothing in this section shall:

(a) preclude an agency from adopting a rule for which a summary has

not appeared in a regulatory agenda or from adopting a rule different

than one summarized in a regulatory agenda; provided, however, that if a

rule is proposed by an agency required to submit a regulatory agenda

pursuant to subdivision one of this section on a matter not included in

a regulatory agenda, the proposing agency shall indicate in the notice

of proposed rule making that the rule was not under consideration at the

time the regulatory agenda was submitted for publication; or

(b) require an agency to adopt a rule for which a summary has appeared

in a regulatory agenda.

* NB Effective until December 31, 2028

* 2. Nothing in this section shall:

(a) preclude an agency from adopting a rule for which a summary has

not appeared in a regulatory agenda or from adopting a rule different

than one summarized in a regulatory agenda; or

(b) require an agency to adopt a rule for which a summary has appeared

in a regulatory agenda.

* NB Effective December 31, 2028

3. The secretary of state shall adopt rules necessary for the

publication of regulatory agendas, including but not limited to standard

forms to be used for the submission of regulatory agendas, a schedule

prescribing when such agendas must be submitted for publication, and any

identification number system.