2010 New York Code
EXC - Executive
Article 6 - (90 - 144) DEPARTMENT OF STATE
101-A - Legislative notification of the proposed adoption, amendment, suspension or repeal of agency rules.

§ 101-a. Legislative notification of the proposed adoption, amendment,
  suspension or repeal of agency rules.
    1. Definitions. As used in this section,
    a.  "Agency"  means  any  state board, bureau, commission, department,
  authority, division, or officer authorized by law to make rules.
    b. "Rule" means the whole or part of each agency statement of  general
  applicability  or  regulation or code that implements or applies law, or
  prescribes  the  procedure  or  practice  requirements  of  any  agency,
  including  the  amendment,  suspension or repeal thereof, except such as
  relates to the organization or internal management of the agency.
    2. Except as provided in subdivision three of this section,  at  least
  forty-five  days  prior  to  either  the  adoption of any rule, or, if a
  public hearing is required by statute, at least forty-five days prior to
  the first public hearing on a proposed rule,  the  agency  proposing  to
  take  such  action  shall send a notification of such proposed action to
  the temporary president of the senate and the speaker of  the  assembly.
  This  notification  shall:  (a)  refer  to the statutory authority under
  which the action is proposed, (b) give the time and place of any  public
  hearing  that  may be scheduled concerning the proposed action, or state
  the manner in which data, views or arguments may  be  submitted  to  the
  agency  concerning  the  proposed  action,  (c)  contain  a  copy of the
  complete text of the proposed rule, and (d) contain a  fiscal  statement
  setting  forth  the  fiscal  consequences  of the proposed action on the
  state and its local governments.
    3. If the agency finds that it is necessary for  the  preservation  of
  the  public  health,  safety  or  general  welfare  to dispense with the
  requirements of subdivision two,  the  agency  may  dispense  with  such
  requirements  and  adopt the rule, as an emergency measure.  Within five
  days of the filing of such  emergency  measure  in  the  office  of  the
  department  of  state,  the  agency  taking  such  action shall send the
  temporary president of the senate and the  speaker  of  the  assembly  a
  notification  containing  the information required by subdivision two of
  this section; provided,  however,  such  notification  shall  also:  (a)
  include a brief statement setting forth the reasons why the agency finds
  that  it  is necessary for the preservation of the public health, safety
  or general welfare to dispense with the requirements of subdivision  two
  of  this  section  and  adopt  the rule as an emergency measure, and (b)
  provide the date the emergency measure will terminate if the agency does
  not intend to adopt such measure as a permanent rule, or  indicate  that
  the  agency  intends to adopt such measure as a permanent rule, in which
  case compliance with the notification requirements of this section shall
  be deemed satisfied. The effectiveness of any  such  emergency  measure,
  unless  adopted  as  a  permanent  rule in the manner prescribed by law,
  shall not exceed ninety days after the filing of  such  measure  in  the
  office  of the department of state, provided, however, if such emergency
  measure is readopted prior to the expiration of such ninety  day  period
  such  readoption  and  any subsequent readoptions shall remain in effect
  for no longer than sixty days.
    4. The legislature in the joint rules of the senate and  assembly  may
  exempt from the requirements of this section certain rules which have or
  would have no significant fiscal implications.
    5.  This  section does not relieve any agency from compliance with any
  statute requiring that its rules be filed with or approved by designated
  persons or bodies before they become effective.
    6. A proceeding to invalidate any rule on the ground of  noncompliance
  with  the  procedural  requirements of this section must be commenced by
  the temporary president of the senate or the  speaker  of  the  assembly
  within four months from the effective date of the rule. No rule shall be

valid  unless  adopted  in  substantial  compliance  with  this section;
  provided, however, that  the  inadvertent  failure  to  give  notice  as
  provided in this section shall not invalidate any rule.