N.Y. State Administrative Procedure Act § 204: Declaratory rulings by agencies

§ 204. Declaratory rulings by agencies. 1. On petition of any person,

an agency may issue a declaratory ruling with respect to (i) the

applicability to any person, property, or state of facts of any rule or

statute enforceable by it, or (ii) whether any action by it should be

taken pursuant to a rule. Each agency shall prescribe by rule the form

for such petitions and the procedure for their submission, consideration

and disposition. A declaratory ruling shall be binding upon the agency

unless it is altered or set aside by a court. The agency may not

retroactively change a valid declaratory ruling, but nothing in this

section shall prevent an agency from prospectively changing any

declaratory ruling. A declaratory ruling shall be made available to the

public. A declaratory ruling shall be subject to review in the manner

provided for in article seventy-eight of the civil practice law and

rules.

2. (a) Within thirty days of receipt of a petition with respect to

paragraph (ii) of subdivision one of this section, an agency shall issue

either a declaratory ruling or a statement declining to issue a

declaratory ruling, unless the agency's rules provide for a different

time period not to exceed sixty days from receipt of such petition.

(c) Notwithstanding any inconsistent provision of law, a person may

submit a petition in the manner provided for in article seventy-eight of

the civil practice law and rules without first applying for a

declaratory ruling pursuant to paragraph (ii) of subdivision one of this

section, or to the office for an advisory opinion pursuant to this

subdivision. A person may concurrently petition the court pursuant to

article seventy-eight of the civil practice law and rules and petition

the agency and the office pursuant to this subdivision.