2006 New York Code - Filing; Effective Date.

 
    §  203.  Filing;  effective date. 1. Except as provided in subdivision
  two of this section, no rule shall become effective until  it  is  filed
  with  the  secretary of state and the notice of adoption is published in
  the state register pursuant to subdivision five of section  two  hundred
  two  of this article, unless: (i) a later date is required by statute or
  is specified in the rule, (ii) adopted as an emergency rule pursuant  to
  subdivision  six  of  section  two hundred two of this article, or (iii)
  defined as a rule in subparagraph (ii) of paragraph (a)  of  subdivision
  two  of section one hundred two of this chapter. Each rule submitted for
  filing shall  have  attached  thereto  the  certificate  required  under
  subdivision two of section one hundred two of the executive law.
    2.  (a)  An  agency  may,  after a rule is filed with the secretary of
  state pursuant to subdivision one of  this  section  and  prior  to  the
  effective date of such rule, amend, suspend or repeal such rule prior to
  the  effective date without complying with the provisions of subdivision
  one of section two hundred two of this article.  If  an  agency  amends,
  suspends  or  repeals  a  rule pursuant to this subdivision, such agency
  shall file a notice of adoption pursuant to subdivision five of  section
  two  hundred two of this article, provided, however, that such notice of
  adoption shall identify the rule which is being  amended,  suspended  or
  repealed  pursuant  to  this  subdivision,  provided,  further,  for the
  purposes of  compliance  with  subparagraphs  (iii),  (v)  and  (vi)  of
  paragraph  (c)  of subdivision five of such section two hundred two, the
  text of the rule as adopted pursuant to subdivision one of this  section
  shall  be compared with the text of the rule being amended, suspended or
  repealed pursuant to this subdivision.
    (b) An agency may not amend, suspend or repeal a rule pursuant to this
  subdivision if such action would constitute a  substantial  revision  of
  the  rule  as  adopted.    To  determine  if  such  action constitutes a
  substantial revision of the adopted rule, such amendment, suspension  or
  repeal  shall be compared with the text of the rule which was filed with
  the secretary of state pursuant to subdivision one of this section.  The
  provisions  of  this  paragraph  shall  not  apply  if  such  amendment,
  suspension or repeal only delays the effective date of such rule.
    3. The secretary of state shall reject any rule submitted  for  filing
  by  an agency where the notice of proposed rule making for such rule has
  expired pursuant to the provisions of section two hundred  two  of  this
  chapter.
    4.  If  a rule requires a regulated party to develop a written plan or
  compliance  document  which  must  be  submitted  to  or  retained   for
  inspection by the agency, the agency is required to, upon request of one
  or  more  regulated  parties,  prepare a model of such a written plan or
  compliance document to provide guidance as to the content  and  form  of
  such  written plan or compliance document and the minimum elements which
  such  written  plan  or  compliance  document  should  contain.      The
  availability of any such model plan or document shall be communicated to
  regulated  parties  through publication in the state register and by any
  other means which the agency determines to be efficient  and  effective,
  and  shall  be made available to regulated parties and the public within
  the time frame  established  for  submission  of  the  written  plan  or
  compliance  documents.    Unless  otherwise  prohibited  by law, when an
  agency  has  prepared  a  model  plan  or  document  pursuant  to   this
  subdivision,  it may extend the final date for submitting a written plan
  or compliance document for an additional period, not  to  exceed  ninety
  days,  if  such  an  extension  is  deemed necessary to permit regulated
  parties to use the model plan as guidance in  developing  their  written
  plans  or  compliance  documents. Whenever a model plan is prepared, the
  agency shall cause a notice  to  be  published  in  the  state  register
  indicating that it has prepared a model plan and identifying the written
  plan  or  compliance  document  for which the model plan or document has
  been prepared. Such notice shall also indicate whether  the  final  date
  for  submitting  a written plan or compliance document has been extended
  pursuant to this subdivision, and, if so, shall set forth the new  final
  date for submission.