N.Y. State Administrative Procedure Act § 202-e: Guidance documents; availability to public

§ 202-e. Guidance documents; availability to public. 1. Not less than

once each year, every agency shall submit to the secretary of state for

publication in the state register a list of all guidance documents on

which the agency currently relies, and provide information on where and

how regulated parties and members of the public may inspect and obtain

copies of any such document; provided, however, that the department of

environmental conservation shall be exempt from the requirements of this

subdivision. Unless otherwise provided for by law, an agency may make

such documents available as provided in the freedom of information law,

and may charge fees pursuant to such law for copies of any such

document.

2. The secretary of state may exempt an agency from compliance with

the requirements of subdivision one of this section upon a determination

that the agency has published on its website the full text of all

guidance documents on which it currently relies. The secretary of state

shall publish a notice of such determination identifying the website in

the state register.

3. Nothing in this section shall be construed as authorizing or

requiring the publication of any guidance document where such

publication is prohibited or limited by law.

4. Not less than once every five years, every agency shall conduct a

process for reviewing and updating all guidance documents on which it

currently relies. In conducting such process, the agency shall obtain

feedback from regulated parties and members of the public who are

directly or indirectly affected by the guidelines.

5. The secretary of state may adopt regulations to implement the

provisions of this section.