US Laws, Codes, Statutes & Cases

 
    § 1041. Definitions. As used herein, the term
    1. "Adjudication" means a proceeding in which the legal rights, duties
  or  privileges  of named parties are required by law to be determined by
  an agency on a record and after an opportunity for a hearing.
    2. "Agency" means any one or more of the elected or appointed officers
  provided for in this charter and any other official or entity  which  is
  acting  (1)  under  the  direction  of one or more of such officers, (2)
  under the direction of one or more other officials who are appointed by,
  or appointed on the recommendation of, such officers, or (3)  under  the
  direction of a board, the majority of whose members are appointed by, or
  appointed  upon the recommendation of, one or more of such officers, but
  shall not include the city council.
    3. "Compilation" means the Compilation of city rules  required  to  be
  published under section one thousand forty-five.
    4.  "Law"  means  federal, state and local law, this charter and rules
  issued pursuant thereto.
    5. "Rule" means the whole or part of any statement or communication of
  general applicability that (i) implements or applies law or  policy,  or
  (ii)  prescribes  the  procedural requirements of an agency including an
  amendment, suspension, or repeal of any such statement or communication.
    a. "Rule" shall include, but not  be  limited  to,  any  statement  or
  communication  which  prescribes  (i)  standards which, if violated, may
  result in a sanction or penalty; (ii) a fee to be charged by or required
  to be paid to an agency; (iii) standards for the issuance, suspension or
  revocation of a license or  permit;  (iv)  standards  for  any  product,
  material, or service which must be met before manufacture, distribution,
  sale  or  use;  (v) standards for the procurement of goods and services;
  (vi) standards for the disposition of public property or property  under
  agency  control;  or  (vii) standards for the granting of loans or other
  benefits.
    b. "Rule" shall not include any (i) statement or  communication  which
  relates  only to the internal management or personnel of an agency which
  does not materially affect the rights of or procedures available to  the
  public; (ii) form, instruction, or statement or communication of general
  policy,  which  in itself has no legal effect but is merely explanatory;
  (iii) statement or communication concerning  the  allocation  of  agency
  resources  or  personnel;  (iv)  statement or communication for guiding,
  directing or otherwise  regulating  vehicular  and  pedestrian  traffic,
  including  but not limited to any statement or communication controlling
  parking, standing, stopping or a construction detour,  the  contents  of
  which is indicated to the public in signs, signals, markings and similar
  devices,  the  determination  and  installation  of  which  is  based on
  engineering or other technical considerations not involving  substantial
  policy  considerations;  (v)  statement  or  communication  effecting  a
  non-continuous closing of a  street;  (vi)  statement  or  communication
  adopted  pursuant  to  sections  fifty-one,  one  hundred ninety-seven-a
  except pursuant to the first sentence of  subdivision  b  or  the  third
  sentence  of  subdivision  c  of section one hundred ninety-seven-a, one
  hundred ninety-seven-c except  pursuant  to  subdivisions  i  and  l  of
  section   one  hundred  ninety-seven-c,  one  hundred  ninety-nine,  two
  hundred, two hundred one, two hundred two and seven hundred five of this
  charter; or (vii) building code reference standards amended, revised  or
  added by the commissioner of the department of buildings in consultation
  with  the  fire commissioner on all issues relating to fire safety after
  notice and a public hearing and published as part of the  administrative
  code.