2019 New York Laws
SAP - State Administrative Procedure Act
Article 2 - Rule Making
204 - Declaratory Rulings by Agencies.

§ 204. Declaratory rulings by agencies. 1.  On petition of any person,
an  agency  may  issue  a  declaratory  ruling  with  respect to (i) the
applicability to any person, property, or state of facts of any rule  or
statute  enforceable  by  it, or (ii) whether any action by it should be
taken pursuant to a rule.  Each agency shall prescribe by rule the  form
for such petitions and the procedure for their submission, consideration
and  disposition.  A declaratory ruling shall be binding upon the agency
unless it is altered or set  aside  by  a  court.  The  agency  may  not
retroactively  change  a  valid  declaratory ruling, but nothing in this
section  shall  prevent  an  agency  from  prospectively  changing   any
declaratory  ruling. A declaratory ruling shall be made available to the
public. A declaratory ruling shall be subject to review  in  the  manner
provided  for  in  article  seventy-eight  of the civil practice law and
rules.
  2. (a) Within thirty days of receipt of a  petition  with  respect  to
paragraph (ii) of subdivision one of this section, an agency shall issue
either  a  declaratory  ruling  or  a  statement  declining  to  issue a
declaratory ruling, unless the agency's rules provide  for  a  different
time period not to exceed sixty days from receipt of such petition.
  (c)  Notwithstanding  any  inconsistent provision of law, a person may
submit a petition in the manner provided for in article seventy-eight of
the  civil  practice  law  and  rules  without  first  applying  for   a
declaratory ruling pursuant to paragraph (ii) of subdivision one of this
section,  or  to  the  office  for  an advisory opinion pursuant to this
subdivision. A person may concurrently petition the  court  pursuant  to
article  seventy-eight  of the civil practice law and rules and petition
the agency and the office pursuant to this subdivision.