N.Y. State Administrative Procedure Act § 203: Filing; effective date

§ 203. Filing; effective date. 1. Except as provided in subdivision

two of this section, no rule shall become effective until it is filed

with the secretary of state and the notice of adoption is published in

the state register pursuant to subdivision five of section two hundred

two of this article, unless: (i) a later date is required by statute or

is specified in the rule, (ii) adopted as an emergency rule pursuant to

subdivision six of section two hundred two of this article, or (iii)

defined as a rule in subparagraph (ii) of paragraph (a) of subdivision

two of section one hundred two of this chapter. Each rule submitted for

filing shall have attached thereto the certificate required under

subdivision two of section one hundred two of the executive law.

2. (a) An agency may, after a rule is filed with the secretary of

state pursuant to subdivision one of this section and prior to the

effective date of such rule, amend, suspend or repeal such rule prior to

the effective date without complying with the provisions of subdivision

one of section two hundred two of this article. If an agency amends,

suspends or repeals a rule pursuant to this subdivision, such agency

shall file a notice of adoption pursuant to subdivision five of section

two hundred two of this article, provided, however, that such notice of

adoption shall identify the rule which is being amended, suspended or

repealed pursuant to this subdivision, provided, further, for the

purposes of compliance with subparagraphs (iii), (v) and (vi) of

paragraph (c) of subdivision five of such section two hundred two, the

text of the rule as adopted pursuant to subdivision one of this section

shall be compared with the text of the rule being amended, suspended or

repealed pursuant to this subdivision.

(b) An agency may not amend, suspend or repeal a rule pursuant to this

subdivision if such action would constitute a substantial revision of

the rule as adopted. To determine if such action constitutes a

substantial revision of the adopted rule, such amendment, suspension or

repeal shall be compared with the text of the rule which was filed with

the secretary of state pursuant to subdivision one of this section. The

provisions of this paragraph shall not apply if such amendment,

suspension or repeal only delays the effective date of such rule.

3. The secretary of state shall reject any rule submitted for filing

by an agency where the notice of proposed rule making for such rule has

expired pursuant to the provisions of section two hundred two of this

chapter.

4. If a rule requires a regulated party to develop a written plan or

compliance document which must be submitted to or retained for

inspection by the agency, the agency is required to, upon request of one

or more regulated parties, prepare a model of such a written plan or

compliance document to provide guidance as to the content and form of

such written plan or compliance document and the minimum elements which

such written plan or compliance document should contain. The

availability of any such model plan or document shall be communicated to

regulated parties through publication in the state register and by any

other means which the agency determines to be efficient and effective,

and shall be made available to regulated parties and the public within

the time frame established for submission of the written plan or

compliance documents. Unless otherwise prohibited by law, when an

agency has prepared a model plan or document pursuant to this

subdivision, it may extend the final date for submitting a written plan

or compliance document for an additional period, not to exceed ninety

days, if such an extension is deemed necessary to permit regulated

parties to use the model plan as guidance in developing their written

plans or compliance documents. Whenever a model plan is prepared, the

agency shall cause a notice to be published in the state register

indicating that it has prepared a model plan and identifying the written

plan or compliance document for which the model plan or document has

been prepared. Such notice shall also indicate whether the final date

for submitting a written plan or compliance document has been extended

pursuant to this subdivision, and, if so, shall set forth the new final

date for submission.