2010 New York Code
EXC - Executive
Article 6 - (90 - 144) DEPARTMENT OF STATE
102 - Filing and publication of codes, rules and regulations.

§ 102. Filing  and  publication of codes, rules and regulations. 1. a.
  No code, rule or regulation shall become effective  until  it  is  filed
  with  the secretary of state, unless a later date is required by statute
  or is specified by such code, rule or regulation.
    b. Each department, board, bureau, officer, authority,  commission  or
  other  agency  of the state, authorized by statute to adopt codes, rules
  or regulations shall transmit to the secretary of state a certified copy
  of every such code, rule and regulation except such as relate solely  to
  the  organization  or  internal  management  of  such department, board,
  bureau, authority, commission or other agency of the state in  force  at
  the  time  of  such  transmittal  or  to  become  effective  thereafter,
  certified by the head of  such  department,  board,  bureau,  authority,
  commission  or  other agency of the state, or if such head is a board or
  commission, by the  chairman  or  secretary  thereof,  together  with  a
  citation  of  the  statutory authority pursuant to which each such code,
  rule or regulation was adopted.
    c. Any code, rule or regulation which includes in the text thereof any
  United States statute, or code, rule or regulation previously  published
  in  the  code  of federal regulations or in the federal register, or any
  previously  published   data,   criteria,   standards,   specifications,
  techniques,  illustrations  or other information reasonably available to
  regulated  parties,  shall  have  set  forth  in  its  text  a   precise
  identification   of   such  material,  including  but  not  limited  to:
  applicable titles, dates, editions, page numbers, section  numbers,  and
  authors,  the  names and addresses of the publisher from whom a copy may
  be obtained, and the designated office or offices of the adopting agency
  at which such material is available for public inspection and copying.
    d. No amendment to any material identified pursuant to paragraph c  of
  this  subdivision  shall  be effective unless adopted in compliance with
  the applicable provisions of law and filed with the secretary  of  state
  pursuant to this section.
    e.   The  secretary  of  state  shall  promulgate  rules  establishing
  procedure, forms, style and font for submission of every such code, rule
  and regulation required to be submitted by this section.
    2.  Immediately  upon  adopting  any  new  code,  rule  or  regulation
  including any rule as defined in the state administrative procedure act,
  or  any  amendment to or repeal thereof, except such as relate solely to
  the organization or internal management of a department, board,  bureau,
  authority, commission or other agency of the state, the original thereof
  shall  be  filed  in  the  office  of  the department of state. Attached
  thereto shall be a certificate, in a form prescribed by the secretary of
  state, citing the statutory authority including particular sections  and
  subdivisions  pursuant  to  which  each such change or new code, rule or
  regulation  was  adopted,  the  date  of  adoption,  and  the  date   of
  publication  in  the  state  register  of  the notice required under the
  provisions of the state administrative procedure act as well as the date
  and manner of publication of any additional prior notice required  under
  any  other  statute.  If  the  action  taken  shall  be  exempt from the
  provisions of the state administrative procedure act  and  if  no  other
  statutory  notice  requirement shall be applicable the certificate shall
  so state.   Such  certificate  shall  be  signed  by  the  head  of  the
  department, board, bureau, authority, commission, or other agency of the
  state,  or  if  such  head  is a board or commission, by the chairman or
  secretary thereof, or, in lieu of such signatures, it may be signed by a
  person designated by such head or chairman aforementioned, provided such
  designation is made in writing, contains therein the  signature  of  the
  person  designated,  and  is  filed  with  the  department of state. The
  secretary of state shall reject any rule submitted  for  filing  in  the

event  that  either  the  notice  required by subdivision five or six of
  section two hundred two of the state administrative  procedure  act,  or
  the  attached  certificate,  reveals  that  the  rule was not adopted in
  substantial compliance with section two hundred two of such act.
    3.  It shall be the duty of the secretary of state to prepare a master
  compilation of all such codes, rules and regulations in  such  form  and
  order as he may determine. He shall not, however, change the language of
  any  existing  code,  rule  or  regulation except a title or explanatory
  caption; but he shall recommend any such change as he may deem advisable
  to the department, board,  bureau,  officer,  authority,  commission  or
  other  agency  of  the  state  authorized  to  adopt  such code, rule or
  regulation.  Such master compilation shall include all codes, rules  and
  regulations except such as relate solely to the organization or internal
  management  of  a  department,  board,  bureau, authority, commission or
  other agency of the state, in  effect  on  the  first  day  of  January,
  nineteen  hundred  forty-five, and which he shall certify as a true copy
  of the master compilation prepared by him.
    4. Publication of all such codes, rules and regulations filed with the
  secretary of state pursuant to this section shall  be  provided  in  the
  following manner:
    a.  the secretary of state shall make readily available in his office,
  for  public  inspection  and  copying,  the  full  text  of  the  master
  compilation;
    b.  each agency shall make readily available at a designated office or
  offices of the agency, for public inspection and copying, the full  text
  of all codes, rules and regulations adopted by the agency;
    c.  at  the  same  time material identified pursuant to paragraph c of
  subdivision one of this section is filed with the secretary of state, an
  agency shall transmit a copy of all such material except  material  that
  is  a  United  States statute or a code, rule or regulation published in
  the Code of Federal Regulations  or  in  the  Federal  Register  to  the
  legislative library and, within each judicial district of the state, one
  court law library designated by the chief administrator of the courts;
    d.  notwithstanding any provisions of law to the contrary, photocopies
  of any codes, rules and regulations shall be  available  to  the  public
  upon payment of a fee not to exceed twenty-five cents per page; and
    e.  the secretary of state shall cause such compilation to be printed;
  however, he may exclude from such  printed  compilation  any  previously
  published  portion  of  a rule which is precisely identified in the text
  thereof pursuant to paragraph c of subdivision one of this section.
    5. The compilation printed pursuant to paragraph e of subdivision four
  of this section shall be known as the "official  compilation  of  codes,
  rules  and regulations of the state of New York" and shall presumptively
  establish the codes, rules and regulations of the  state  of  New  York,
  except  such as relate solely to the organization or internal management
  of a department, board, bureau, authority, commission or other agency of
  the state, in force and effect on the first  day  of  January,  nineteen
  hundred   forty-five.  The  official  supplements  to  such  compilation
  published as hereinafter  provided  shall  presumptively  establish  any
  changes in such codes, rules and regulations and any new codes, rules or
  regulations except such as relate solely to the organization or internal
  management  of  a  department,  board,  bureau, authority, commission or
  other agency of the state, affected by addition, amendment or repeal, or
  adopted during the period ending on the thirty-first day of December  in
  any  year  immediately  preceding  the  publication  of such supplement.
  Nothing in such official compilation  or  any  new  edition  thereof  or
  official  supplement thereto shall be construed as repealing or amending
  any code, rule or regulation adopted by any department,  board,  bureau,

authority,  commission  or other agency of the state, and in case of any
  inconsistency arising through omission or otherwise between the official
  compilation and such codes, rules and regulations as filed in the office
  of the secretary of state, the latter shall prevail.