Department of State Rule Making in New York May 2012 55
CITATION TERM DESCRIPTION
SAPA §202(4-a)(a) revised rule making
(public comment)
Agencies must accept public comment for at least 30 days after the
notice of revised rule making is published in the Register unless a
different time is specified by statute.
K
Because the Register is published every Wednesday, the 30-day
period always
expires on a Friday.
Pursuant to the General
Construction
Law, you must accept public comment at least through close of
business that Friday.
SAPA §102(2)(a)(i)
SAPA §102(2)(a)(ii)
rule (definition of
“(a)(i)” rule)
rule (definition of
“(a)(ii)” rule)
The whole or part of each agency statement, regulation or code of
general applicability that:
- implements or applies law, OR
- prescribes a fee charged by or paid to any agency or the procedure
or practice requirements of any agency, including the amendment,
suspension or repeal thereof
AND rules include the amendment, suspension, repeal, approval or
prescription for the future of:
- rates,
- wages,
- security authorizations,
- corporate or financial structures or reorganization thereof,
- prices,
- facilities,
- appliances,
- services or allowances therefor or of valuations, costs or account-
ing, OR
- practices bearing on any of the foregoing whether of general or
particular
applicability.
SAPA §102(2)(b) rule exemptions A list of those types of documents or guidance materials specifically
not included in the definition of a rule.
SAPA §207(1) rule review
(periodic; adopted)
(exemptions)
SAPA §207(4) rule review
(results of “no
change” to be
published)
SAPA §102(10) rural area
(definition)
Unless specifically contrary
to
another
law, any rule
adopted
on or after
January 1, 1997 must be reviewed after five years and, there-after, at
five-year intervals.
K
5-year review does NOT apply
to minor, obsolete, invalid rules
and
rates, tariffs, etc., defined as §102(2)(a)(ii) rules.
If you determine, as a result of a 5-year review, that a rule should
continue without modification, you must publish a notice to that effect
in the State Register. The notice must identify the rule and its statutory
authority and include a reasoned justification for continuation without
modification
and
an
assessment
of
public
comment
received
in
response
to
publication
in the
regulatory agenda and prepared
in
accordance
with
that required for a revised rule making.
Those portions of the state as defined in §481(7) Exec. L.
44 counties have a population less than 200,000: Allegany, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango,
Clinton,
Columbia,
Cortland, Delaware, Essex, Franklin, Fulton, Genesee, Greene, Hamilton,
Herkimer,
Jefferson,
Lewis,
Livingston, Madison, Montgomery, Ontario, Orleans, Oswego, Otsego, Putnam, Rensselaer, St. Lawrence, Saratoga,
Schenectady, Schoharie, Schuyler, Seneca, Steuben, Sullivan, Tioga, Tompkins, Ulster, Warren, Washington, Wayne,
Wyoming and Yates.
9 counties with certain townships have a population density of 150 persons or less per square mile: Albany, Broome,
Dutchess, Erie, Monroe, Niagara, Oneida, Onondaga and Orange.