2006 New York Code - Publication Of Certain Public Notices.



 
    § 146. Publication  of  certain  public  notices. 1. The department of
  state shall publish, pursuant to the schedule  in  section  one  hundred
  forty-seven  of  this  article,  a  publication to be known as the state
  register, in which shall be published from time to time as  received  by
  such department:
    (a)  rules,  orders,  designations, and notices submitted by the chief
  administrator of the courts;
    (b) notices and advertisements required by state  statute  or  federal
  law, rule or regulation to be published by an agency in a newspaper;
    (c)  notices  required  by  statute  to  be published in newspapers in
  actions against foreign corporations;
    (d)  notices  and  job  impact  statements  required  by   the   state
  administrative procedure act to be published in the state register; and
    (e)  any other matter required by statute to be published in the state
  register.
    2. The secretary of state may, at his discretion, publish in the state
  register any notice or information which is not  otherwise  required  by
  statute  to  be  submitted to him by an agency or public corporation for
  publication in the state register, in instances where  such  publication
  will serve the public interest.
    3.  With regard to rule making notices required to be published in the
  state register pursuant to  article  two  of  the  state  administrative
  procedure  act,  the  secretary of state may, at his discretion, publish
  the complete text of a proposed or adopted rule, which is not  otherwise
  required  to be published in the state register, in instances where such
  publication will serve the public interest.
    4. With regard to a notice of adoption published in the state register
  pursuant to article two of the state administrative procedure  act,  for
  which  the corresponding notice of proposed rule making published in the
  state register included the complete text of the rule, the secretary  of
  state  may,  at his discretion, include only the changes in such text in
  the notice of adoption.
    4-a. Notice of the availability of any state or federal funding  which
  is to be distributed by any agency upon application by any municipality,
  school  board, school district, not-for-profit organization or any other
  individual or organization entitled to apply for such  funding  pursuant
  to  any law, rule or regulation governing the distribution of such funds
  shall be published in the state register. Such notice  shall  appear  in
  the  register  no  later  than forty-five days prior to the last day for
  receipt of applications for such funding.   Such  notice  shall  not  be
  required:  (i)  whenever  a notice has been published in the procurement
  opportunities newsletter pursuant to  article  four-C  of  the  economic
  development  law;  (ii) for state or federal transportation funding; and
  (iii)  in  those  instances  where  an  entity  has  been   specifically
  designated  by law or legislative resolution to receive funding. Failure
  to publish the notice in a timely  manner  shall  not  be  a  basis  for
  setting aside an award or challenging a contract or other legal claim.
    5. The publication of notices and advertisements in the state register
  shall  be  additional  to  their  publication  in  newspapers,  whenever
  publication in newspapers is required by statute.
    6.  The  secretary  of  state  shall  promulgate  rules   establishing
  procedure,  forms,  font  and  style  for  submission of material by any
  person, agency or  public  corporation  for  publication  in  the  state
  register.

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