2013 New York Consolidated Laws
SAP - State Administrative Procedure Act
Article 2 - (201 - 207) RULE MAKING
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.