N.Y. State Administrative Procedure Act § 202-f: Public hearings

* § 202-f. Public hearings. 1. Whenever a public hearing is held on a

proposed rule pursuant to this chapter, unless otherwise provided in

law, an agency is authorized to utilize innovative techniques to enhance

public participation in rule making, including but not limited to

allowing the public to ask questions of agency personnel for a portion

of such hearing, organizing such hearing as a roundtable discussion,

scheduling an evening or weekend hearing, and using digital,

broadcasting and/or teleconferencing technologies; provided, however,

that no such innovative techniques shall be used in a manner which

diminishes the ability which members of the public would otherwise have

to comment on the proposed rule at a public hearing. Each agency listed

in subdivision four of this section shall, and any other agency may,

include in its annual report a description and analysis of its use of

innovative techniques pursuant to this subdivision.

2. Except as provided in subdivision three of this section, if the

workers' compensation board, the state education department, the

department of financial services, the department of labor, or the office

of temporary and disability assistance receive a petition subscribed by

not fewer than five hundred persons residing in this state, or if the

department of health or department of environmental conservation receive

a petition subscribed by not fewer than seven hundred fifty persons

residing in this state, requesting a public hearing on any rule or rules

which have been proposed by the agency, or have been described in the

regulatory agenda submitted by the agency pursuant to section two

hundred two-d of this article, which an agency may require to be

submitted on a petition form it has promulgated, such agency shall hold

at least one public hearing on the rule or rules; provided, however,

that any such petition on a rule which has been proposed must be

received by the agency not later than the thirtieth day before the last

date for submission of comments. Any rule issued by the department of

health that is also subject to review by the public health and health

planning commission shall not be subject to the provisions of this

subdivision. Any agency that receives a petition after the thirtieth day

before the last date for submission of comments and any agency not

listed in subdivision four of this section may elect to hold a hearing

upon receipt of a petition. Due consideration shall be given to any

request in a petition that a hearing be conducted in a particular

region.

3. An agency shall not be required to hold a public hearing pursuant

to subdivision two of this section (a) on a rule for which a hearing is

required by law and has been scheduled or held; (b) on a consensus rule;

(c) on a rule defined in subparagraph (ii) of paragraph (a) of

subdivision two of section one hundred two of this chapter; or (d) a

rule adopted on an emergency basis until a notice of proposed rulemaking

has been issued. When a public hearing has been requested for any rule

described in a regulatory agenda, the agency shall not be required to

schedule a public hearing until such time as the rule is proposed

pursuant to this chapter.

4. The following agencies shall engage in the reporting provided for

in subdivision one of this section and hold hearings as provided for in

subdivisions two and three of this section: the workers' compensation

board and the departments of education, environmental conservation,

health, financial services, labor and family assistance.

* NB Repealed January 1, 2027