N.Y. State Administrative Procedure Act § 207: Review of existing rules

§ 207. Review of existing rules. 1. (a) Unless the contrary is

specifically provided by paragraph (b) of this subdivision or by another

law, any rule which is adopted on or after the effective date of this

section shall be reviewed in the calendar year specified in the notice

of adoption for the rule, provided that at a minimum every rule shall be

initially reviewed no later than in the fifth calendar year after the

year in which the rule is adopted, and, thereafter, every rule shall be

re-reviewed at five-year intervals.

(b) For any rule for which a regulatory flexibility analysis, rural

area flexibility analysis or job impact statement is required, the

initial review shall occur no later than in the third calendar year

after the year in which the rule is adopted; provided, however, that the

agency may propose a different review period in such analysis or

statement, along with its justification for doing so, and shall invite

public comment thereon. The review period specified for the rule and an

assessment of any comments on this issue shall accompany the notice of

adoption.

2. An agency shall submit for publication in the regulatory agenda

published in January pursuant to section two hundred two-d of this

article a list of the rules which must be reviewed pursuant to

subdivision one of this section in the ensuing calendar year. In

addition to the information required by such section two hundred two-d,

for each rule so listed the agency shall provide an analysis of the need

for and legal basis of such rule, shall invite public comment on the

continuation or modification of the rule and shall indicate the last

date for submission of comments which shall be not less than forty-five

days from the date of publication. An agency shall also publish the list

of rules that must be reviewed pursuant to this section on its website.

If the original notice of proposed rule making for a listed rule

required the preparation of a regulatory flexibility analysis, a rural

area flexibility analysis, or a job impact statement, the agency shall

so indicate and shall provide outreach as appropriate to potentially

affected small businesses, local governments and public and private

interests in rural areas that the rule is being reviewed. Such outreach

may include solicitation of input 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.

3. If an agency determines that a rule subject to the provisions of

this section should be modified, it shall publish a notice of proposed

rule making for such rule, which, in addition to the information

otherwise required by this article, shall include a statement setting

forth a reasoned justification for modification of the rule and an

assessment of public comments, prepared in accordance with subdivision

four-a of section two hundred two of this article, which were submitted

to the agency in response to the listing of the rule in the regulatory

agenda. Where appropriate, the agency shall also include in its

statement a discussion of the degree to which changes in technology,

economic conditions, time required to comply, or other factors in the

area affected by the rule necessitate changes in the rule.

4. If an agency determines that a rule subject to the provisions of

this section should continue without modification, it shall publish a

notice to that effect, which shall identify the rule and the statutory

authority for the rule, and include a statement setting forth a reasoned

justification for continuation of the rule without modification and an

assessment of public comments, prepared in accordance with subdivision

four-a of section two hundred two of this chapter, which were submitted

to the agency in response to the listing of the rule in the regulatory

agenda.

5. This section shall not apply to any rule which was adopted as a

consensus rule or as a minor, obsolete or invalid rule, or to a rule

defined in subparagraph (ii) of paragraph (a) of subdivision two of

section one hundred two of this chapter.