2006 New York Code - Regulatory Agenda.

 
    §   202-d.  Regulatory  agenda.    * 1.  The  departments  of  health,
  education,  insurance,  environmental  conservation,   labor,   banking,
  agriculture  and  markets,  motor  vehicles  and  state,  the offices of
  children and family services and temporary  and  disability  assistance,
  and  the  division  of  housing  and  community renewal and the workers'
  compensation board and any other department specified by the governor or
  his designee shall, and any other agency may, in its discretion,  submit
  to the secretary of state, for publication in the first regular issue of
  the  state  register  published during the month of January and the last
  regular issue of the state register  published  in  June,  a  regulatory
  agenda   to  afford  the  agency  an  opportunity  to  solicit  comments
  concerning any rule which the agency is considering proposing,  but  for
  which  no  notice of proposed rule making has been submitted pursuant to
  subdivision one  of  section  two  hundred  two  of  this  article.    A
  regulatory  agenda shall be comprised of a list and brief description of
  subject matter being considered for rule making  and  the  name,  public
  office,  address  and  telephone  number  of  the agency representative,
  knowledgeable on such regulatory agenda, from whom any  information  may
  be  obtained  and  to  whom written comments may be submitted concerning
  such regulatory agenda. An e-mail address for requests  for  information
  and  submission  of  comments  may also be included. Such agencies shall
  publish the regulatory agendas on  their  respective  websites  whenever
  feasible.  An agency that publishes its regulatory agenda on its website
  shall have the option of maintaining a continuously  updated  regulatory
  agenda,  wherein a description of a rule is added when the agency begins
  to consider proposing it and is removed when the  agency  is  no  longer
  considering  proposing  it.  Such description shall identify the date on
  which the description is first listed in the regulatory agenda.  In  any
  year  that an agency maintains a continuously updated regulatory agenda,
  it shall not be required to publish a  regulatory  agenda  in  the  last
  regular  issue  of the state register in June. The regulatory agendas of
  such agencies published in January shall  inform  the  public  that  the
  agency  maintains  an updated regulatory agenda on its website and shall
  list the address of its website.
    * NB Effective until December 31, 2008
    * 1. An agency may, in its discretion,  submit  to  the  secretary  of
  state,  for publication in the first regular issue of the state register
  published during the months of January, May and September, a  regulatory
  agenda   to  afford  the  agency  an  opportunity  to  solicit  comments
  concerning any rule which the agency is considering proposing,  but  for
  which  no  notice of proposed rule making has been submitted pursuant to
  subdivision one of section two hundred two of this chapter. A regulatory
  agenda shall be comprised of  summaries  of  such  rules.  Each  summary
  shall,  in  less  than  two  thousand  words,  contain,  in  so  far  as
  practicable:
    (a) a description of the rule which the agency is considering;
    (b) a  citation  to  the  statutory  authority,  including  particular
  sections and subdivisions, which authorizes the rule;
    (c)   a  schedule  of  the  dates  for  hearings,  meetings  or  other
  opportunities for public participation in the development of  the  rule,
  if any;
    (d)  the  probable  date  on  which the agency anticipates submitting,
  pursuant to section two  hundred  two  of  this  chapter,  a  notice  of
  proposed rule making for such rule if known;
    (e)  the  name,  public  office,  address  and telephone number of the
  agency  representative,  knowledgeable  on  such  rule,  from  whom  any
  information  may  be  obtained  and  to  whom  written  comments  may be
  submitted concerning such rule; and
    (f) any other information which the agency determines will  serve  the
  public interest.
    * NB Effective December 31, 2008
    * 2. Nothing in this section shall:
    (a)  preclude  an  agency from adopting a rule for which a summary has
  not appeared in a regulatory agenda or from adopting  a  rule  different
  than one summarized in a regulatory agenda; provided, however, that if a
  rule  is  proposed  by  an agency required to submit a regulatory agenda
  pursuant to subdivision one of this section on a matter not included  in
  a  regulatory  agenda, the proposing agency shall indicate in the notice
  of proposed rule making that the rule was not under consideration at the
  time the regulatory agenda was submitted for publication; or
    (b) require an agency to adopt a rule for which a summary has appeared
  in a regulatory agenda.
    * NB Effective until December 31, 2008
    * 2. Nothing in this section shall:
    (a) preclude an agency from adopting a rule for which  a  summary  has
  not  appeared  in  a regulatory agenda or from adopting a rule different
  than one summarized in a regulatory agenda; or
    (b) require an agency to adopt a rule for which a summary has appeared
  in a regulatory agenda.
    * NB Effective December 31, 2008
    3. The  secretary  of  state  shall  adopt  rules  necessary  for  the
  publication of regulatory agendas, including but not limited to standard
  forms  to  be  used for the submission of regulatory agendas, a schedule
  prescribing when such agendas must be submitted for publication, and any
  identification number system.