2006 New York Code - Guidance Documents; Availability To Public.



 
    §  202-e. Guidance documents; availability to public. 1. Not less than
  once each year, every agency shall submit to the secretary of state  for
  publication  in  the  state register a list of all guidance documents on
  which the agency currently relies, and provide information on where  and
  how  regulated  parties and members of the public may inspect and obtain
  copies of any such document; provided, however, that the  department  of
  environmental conservation shall be exempt from the requirements of this
  subdivision.  Unless  otherwise  provided for by law, an agency may make
  such documents available as provided in the freedom of information  law,
  and  may  charge  fees  pursuant  to  such  law  for  copies of any such
  document.
    2. The secretary of state may exempt an agency  from  compliance  with
  the requirements of subdivision one of this section upon a determination
  that  the  agency  has  published  on  its  website the full text of all
  guidance documents on which it currently relies. The secretary of  state
  shall  publish a notice of such determination identifying the website in
  the state register.
    3. Nothing in this  section  shall  be  construed  as  authorizing  or
  requiring   the   publication   of  any  guidance  document  where  such
  publication is prohibited or limited by law.
    4. Not less than once every five years, every agency shall  conduct  a
  process  for  reviewing  and updating all guidance documents on which it
  currently relies. In conducting such process, the  agency  shall  obtain
  feedback  from  regulated  parties  and  members  of  the public who are
  directly or indirectly affected by the guidelines.
    5. The secretary of state  may  adopt  regulations  to  implement  the
  provisions of this section.

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