US Laws, Codes, Statutes & Cases

 
    §   1044.  Review  of  previously  adopted  rules.  a.  Submission  of
  previously adopted rules. 1.  By  the  tenth  day  of  August,  nineteen
  hundred eighty-nine, each agency shall send to the corporation counsel a
  copy  of  each  rule,  as  defined  in  subdivision  five of section one
  thousand forty-one, in force as of the first day of January of  nineteen
  hundred eighty-nine. Each such rule shall be identified by the agency as
  one of the following:
    (a) a rule which should be continued in its present form;
    (b) a rule which should be continued with amendments; or
    (c) a rule which should be repealed.
    2.  Any  amendment  or  repeal of a rule described in paragraph one of
  this subdivision, shall be  subject  to  the  provisions  set  forth  in
  section one thousand forty-three.
    b.  In regard to all rules submitted pursuant to subdivision a of this
  section, the corporation counsel shall
    1. include such rules in the  Compilation  required  to  be  published
  pursuant  to  section  one  thousand forty-five; provided, however, that
  each rule which  the  agency  identifies  as  a  rule  which  should  be
  continued but with amendments, and each rule which the agency identifies
  as  a  rule  which  should  be  repealed,  shall  be  published  in  the
  Compilation with an appropriate notation as to the agency's comments and
  intentions.  Such notations shall be provided for informational purposes
  only and such rule in its present form shall remain in  full  force  and
  effect until and unless such rule is amended or repealed pursuant to the
  procedures set forth in section one thousand forty-three, and
    2.  submit  to  the  City  Record  for publication by the first day of
  September, nineteen hundred ninety, a list of rules  submitted  pursuant
  to  subdivisions  a and e of this section, except for rules contained in
  the health  code.  Such  list  shall  include  for  each  rule  a  short
  descriptive  title, as well as any available identifying names, numbers,
  adoption dates or  similar  information  regarding  such  rule;  and  an
  indication  of  the  agency's  intention  to  continue such rule without
  amendments, to continue it with amendments or to repeal it.
    c. No rule, as defined in subdivision five  of  section  one  thousand
  forty-one,  which  is  in force as of the first day of January, nineteen
  hundred eighty-nine shall have any force or effect on or after the tenth
  day of August, nineteen hundred and eighty-nine unless it  is  submitted
  by the agency to the corporation counsel by such date.
    d.  Except as provided in subdivision e, no rule adopted by any agency
  prior to the effective date of this chapter  shall  have  any  force  or
  effect  after  the first day of July, nineteen hundred ninety-one unless
  it is included in the Compilation required to be published by that  date
  pursuant  to  section  one thousand forty-five; provided however that in
  the  case  of  an  inadvertent  failure  to  publish  a  rule  in   such
  Compilation,  the  rule  shall  become  effective  as of the date of its
  publication, if it is published within six  months  from  the  date  the
  corporation  counsel  received  notice  of  its  omission,  and  further
  provided that any  judicial  or  administrative  action  or  proceeding,
  whether criminal or civil, commenced under or by virtue of any provision
  of  a  rule  voided  pursuant  to this section and pending prior to such
  voidance, may be prosecuted and defended to final  effect  in  the  same
  manner as they might if such rule had not been so voided.
    e.  On  or before a date one hundred eighty days after the publication
  date of the Compilation required to be published pursuant to section one
  thousand forty-five, any person may submit to the agency involved a copy
  or a description of a rule which such person believes to be in force  as
  of the effective date of this chapter. Upon the receipt of a description
  or  copy  of  such  a  rule,  the  agency  shall  endeavor to verify the

  existence of such rule and upon identifying such rule, if such rule  was
  in force and effect as of the effective date of this chapter and has not
  been  submitted  to the corporation counsel pursuant to subdivision a of
  this  section,  the  agency  shall take the actions required pursuant to
  subdivision a of this section, and  notwithstanding  the  provisions  of
  subdivisions  c  and  d of this section, such rule shall remain in force
  and effect until or unless amended or repealed pursuant to  section  one
  thousand forty-three.