State Codes and Statutes

Statutes > New-york > Exc > Article-6 > 101-b

§ 101-b. Application  by  municipal corporations for the suspension of  certain rules.    1. Definitions. As used in this section,    a. "Agency" means any state  board,  bureau,  commission,  department,  division or officer authorized by law to adopt rules.    b.  "Rule" means the whole or part of each agency statement of general  applicability or regulation or code  that  implements  or  applies  law,  including the amendment, suspension or repeal thereof.    c.  "Municipal  corporation"  means  a  county outside the city of New  York, a city, a town, a village or a school district.    d. "Governing body" means:    (1) In a county, a board of supervisors, county legislature  or  other  body  vested  by  its  charter,  other law or other valid enactment with  jurisdiction to enact local laws;    (2) In a city, the board of aldermen, a common council, commission  or  other body vested by its charter or other law with jurisdiction to enact  ordinances or local laws;    (3) In a town, the town board;    (4) In a village, the board of trustees; and    (5) In a school district, the board of education, board of trustees or  sole trustee.    2. A municipal corporation may, by resolution adopted by its governing  body,  apply  to  the  agency which has adopted a rule for the mandatory  suspension of such rule for the balance of the  municipal  corporation's  current  fiscal  year,  provided the rule was filed in the office of the  secretary of state after the commencement of the municipal corporation's  current fiscal year.    3. Upon the receipt of such an application, the agency  which  adopted  the  rule  shall  forthwith  by  order  suspend its applicability to the  petitioning municipal corporation for the balance of such  corporation's  current  fiscal  year,  unless  the  agency  determines by order, within  thirty  days  of  receipt  of  such  application,  that  the   immediate  implementation  of  the  rule  is necessary for public health, safety or  welfare, or that its postponement would be contrary to express provision  of law. A copy of any order issued pursuant to  this  section  shall  be  sent  to  the  temporary  president  of  the  senate, the speaker of the  assembly and the administrative regulations review commission.    4. This  section  shall  not  relieve  a  municipal  corporation  from  complying  with a rule until such time that the agency which has adopted  the rule shall issue an order pursuant to this  section  suspending  its  applicability to such corporation.

State Codes and Statutes

Statutes > New-york > Exc > Article-6 > 101-b

§ 101-b. Application  by  municipal corporations for the suspension of  certain rules.    1. Definitions. As used in this section,    a. "Agency" means any state  board,  bureau,  commission,  department,  division or officer authorized by law to adopt rules.    b.  "Rule" means the whole or part of each agency statement of general  applicability or regulation or code  that  implements  or  applies  law,  including the amendment, suspension or repeal thereof.    c.  "Municipal  corporation"  means  a  county outside the city of New  York, a city, a town, a village or a school district.    d. "Governing body" means:    (1) In a county, a board of supervisors, county legislature  or  other  body  vested  by  its  charter,  other law or other valid enactment with  jurisdiction to enact local laws;    (2) In a city, the board of aldermen, a common council, commission  or  other body vested by its charter or other law with jurisdiction to enact  ordinances or local laws;    (3) In a town, the town board;    (4) In a village, the board of trustees; and    (5) In a school district, the board of education, board of trustees or  sole trustee.    2. A municipal corporation may, by resolution adopted by its governing  body,  apply  to  the  agency which has adopted a rule for the mandatory  suspension of such rule for the balance of the  municipal  corporation's  current  fiscal  year,  provided the rule was filed in the office of the  secretary of state after the commencement of the municipal corporation's  current fiscal year.    3. Upon the receipt of such an application, the agency  which  adopted  the  rule  shall  forthwith  by  order  suspend its applicability to the  petitioning municipal corporation for the balance of such  corporation's  current  fiscal  year,  unless  the  agency  determines by order, within  thirty  days  of  receipt  of  such  application,  that  the   immediate  implementation  of  the  rule  is necessary for public health, safety or  welfare, or that its postponement would be contrary to express provision  of law. A copy of any order issued pursuant to  this  section  shall  be  sent  to  the  temporary  president  of  the  senate, the speaker of the  assembly and the administrative regulations review commission.    4. This  section  shall  not  relieve  a  municipal  corporation  from  complying  with a rule until such time that the agency which has adopted  the rule shall issue an order pursuant to this  section  suspending  its  applicability to such corporation.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Exc > Article-6 > 101-b

§ 101-b. Application  by  municipal corporations for the suspension of  certain rules.    1. Definitions. As used in this section,    a. "Agency" means any state  board,  bureau,  commission,  department,  division or officer authorized by law to adopt rules.    b.  "Rule" means the whole or part of each agency statement of general  applicability or regulation or code  that  implements  or  applies  law,  including the amendment, suspension or repeal thereof.    c.  "Municipal  corporation"  means  a  county outside the city of New  York, a city, a town, a village or a school district.    d. "Governing body" means:    (1) In a county, a board of supervisors, county legislature  or  other  body  vested  by  its  charter,  other law or other valid enactment with  jurisdiction to enact local laws;    (2) In a city, the board of aldermen, a common council, commission  or  other body vested by its charter or other law with jurisdiction to enact  ordinances or local laws;    (3) In a town, the town board;    (4) In a village, the board of trustees; and    (5) In a school district, the board of education, board of trustees or  sole trustee.    2. A municipal corporation may, by resolution adopted by its governing  body,  apply  to  the  agency which has adopted a rule for the mandatory  suspension of such rule for the balance of the  municipal  corporation's  current  fiscal  year,  provided the rule was filed in the office of the  secretary of state after the commencement of the municipal corporation's  current fiscal year.    3. Upon the receipt of such an application, the agency  which  adopted  the  rule  shall  forthwith  by  order  suspend its applicability to the  petitioning municipal corporation for the balance of such  corporation's  current  fiscal  year,  unless  the  agency  determines by order, within  thirty  days  of  receipt  of  such  application,  that  the   immediate  implementation  of  the  rule  is necessary for public health, safety or  welfare, or that its postponement would be contrary to express provision  of law. A copy of any order issued pursuant to  this  section  shall  be  sent  to  the  temporary  president  of  the  senate, the speaker of the  assembly and the administrative regulations review commission.    4. This  section  shall  not  relieve  a  municipal  corporation  from  complying  with a rule until such time that the agency which has adopted  the rule shall issue an order pursuant to this  section  suspending  its  applicability to such corporation.