§ 202-d. Regulatory agenda. * 1. (a) The departments of health, education, insurance, environmental conservation, labor, banking, agriculture and markets, motor vehicles and state, the offices of children and family services and temporary and disability assistance, and the division of housing and community renewal and the workers' compensation board and any other department specified by the governor or his designee shall, and any other agency may, in its discretion, submit to the secretary of state, for publication in the first regular issue of the state register published during the month of January and the last regular issue of the state register published in June, a regulatory agenda to afford the agency an opportunity to solicit comments concerning any rule which the agency is considering proposing, but for which no notice of proposed rule making has been submitted pursuant to subdivision one of section two hundred two of this article. (b) A regulatory agenda shall be comprised of a list and brief description of subject matter being considered for rule making and the name, public office, address and telephone number of the agency representative, knowledgeable on such regulatory agenda, from whom any information may be obtained and to whom written comments may be submitted concerning such regulatory agenda. An e-mail address for requests for information and submission of comments may also be included. (c) Agencies shall publish the regulatory agendas on their respective websites whenever feasible. An agency that publishes its regulatory agenda on its website shall have the option of maintaining a continuously updated regulatory agenda, wherein a description of a rule is added when the agency begins to consider proposing it and is removed when the agency is no longer considering proposing it. Such description shall identify the date on which the description is first listed in the regulatory agenda and shall conspicuously indicate that the description has been newly listed for a period of not less than thirty days after such date. In any year that an agency maintains a continuously updated regulatory agenda, it shall not be required to publish a regulatory agenda in the last regular issue of the state register in June. The agency shall inform the public that it maintains an updated regulatory agenda on its website and shall list the address of its website in a notice published with the regulatory agenda such agency submits for publication in January. The secretary of state shall republish this notice in the last regular issue in June. (d) An agency shall identify each rule described in its regulatory agenda for which a regulatory flexibility analysis or a rural area flexibility analysis may be required, and shall provide outreach as appropriate to potentially affected small businesses, local governments and public and private interests in rural areas. Such outreach may include solicitation of input from potentially affected parties through electronic means or through any of the activities listed in subdivision six of section two hundred two-b and subdivision seven of section two hundred two-bb of this article. In addition, the agency shall provide a copy of the description of each rule subject to the provisions of this paragraph to the governor's office of regulatory reform, which may in its discretion include the description and additional information on the rule in the quarterly report issued pursuant to subdivision eight of section two hundred two-b of this article. * NB Effective until December 31, 2012 * 1. An agency may, in its discretion, submit to the secretary of state, for publication in the first regular issue of the state register published during the months of January, May and September, a regulatory agenda to afford the agency an opportunity to solicit commentsconcerning any rule which the agency is considering proposing, but for which no notice of proposed rule making has been submitted pursuant to subdivision one of section two hundred two of this chapter. A regulatory agenda shall be comprised of summaries of such rules. Each summary shall, in less than two thousand words, contain, in so far as practicable: (a) a description of the rule which the agency is considering; (b) a citation to the statutory authority, including particular sections and subdivisions, which authorizes the rule; (c) a schedule of the dates for hearings, meetings or other opportunities for public participation in the development of the rule, if any; (d) the probable date on which the agency anticipates submitting, pursuant to section two hundred two of this chapter, a notice of proposed rule making for such rule if known; (e) the name, public office, address and telephone number of the agency representative, knowledgeable on such rule, from whom any information may be obtained and to whom written comments may be submitted concerning such rule; and (f) any other information which the agency determines will serve the public interest. * NB Effective December 31, 2012 * 2. Nothing in this section shall: (a) preclude an agency from adopting a rule for which a summary has not appeared in a regulatory agenda or from adopting a rule different than one summarized in a regulatory agenda; provided, however, that if a rule is proposed by an agency required to submit a regulatory agenda pursuant to subdivision one of this section on a matter not included in a regulatory agenda, the proposing agency shall indicate in the notice of proposed rule making that the rule was not under consideration at the time the regulatory agenda was submitted for publication; or (b) require an agency to adopt a rule for which a summary has appeared in a regulatory agenda. * NB Effective until December 31, 2012 * 2. Nothing in this section shall: (a) preclude an agency from adopting a rule for which a summary has not appeared in a regulatory agenda or from adopting a rule different than one summarized in a regulatory agenda; or (b) require an agency to adopt a rule for which a summary has appeared in a regulatory agenda. * NB Effective December 31, 2012 3. The secretary of state shall adopt rules necessary for the publication of regulatory agendas, including but not limited to standard forms to be used for the submission of regulatory agendas, a schedule prescribing when such agendas must be submitted for publication, and any identification number system.
§ 202-d. Regulatory agenda. * 1. (a) The departments of health, education, insurance, environmental conservation, labor, banking, agriculture and markets, motor vehicles and state, the offices of children and family services and temporary and disability assistance, and the division of housing and community renewal and the workers' compensation board and any other department specified by the governor or his designee shall, and any other agency may, in its discretion, submit to the secretary of state, for publication in the first regular issue of the state register published during the month of January and the last regular issue of the state register published in June, a regulatory agenda to afford the agency an opportunity to solicit comments concerning any rule which the agency is considering proposing, but for which no notice of proposed rule making has been submitted pursuant to subdivision one of section two hundred two of this article. (b) A regulatory agenda shall be comprised of a list and brief description of subject matter being considered for rule making and the name, public office, address and telephone number of the agency representative, knowledgeable on such regulatory agenda, from whom any information may be obtained and to whom written comments may be submitted concerning such regulatory agenda. An e-mail address for requests for information and submission of comments may also be included. (c) Agencies shall publish the regulatory agendas on their respective websites whenever feasible. An agency that publishes its regulatory agenda on its website shall have the option of maintaining a continuously updated regulatory agenda, wherein a description of a rule is added when the agency begins to consider proposing it and is removed when the agency is no longer considering proposing it. Such description shall identify the date on which the description is first listed in the regulatory agenda and shall conspicuously indicate that the description has been newly listed for a period of not less than thirty days after such date. In any year that an agency maintains a continuously updated regulatory agenda, it shall not be required to publish a regulatory agenda in the last regular issue of the state register in June. The agency shall inform the public that it maintains an updated regulatory agenda on its website and shall list the address of its website in a notice published with the regulatory agenda such agency submits for publication in January. The secretary of state shall republish this notice in the last regular issue in June. (d) An agency shall identify each rule described in its regulatory agenda for which a regulatory flexibility analysis or a rural area flexibility analysis may be required, and shall provide outreach as appropriate to potentially affected small businesses, local governments and public and private interests in rural areas. Such outreach may include solicitation of input from potentially affected parties through electronic means or through any of the activities listed in subdivision six of section two hundred two-b and subdivision seven of section two hundred two-bb of this article. In addition, the agency shall provide a copy of the description of each rule subject to the provisions of this paragraph to the governor's office of regulatory reform, which may in its discretion include the description and additional information on the rule in the quarterly report issued pursuant to subdivision eight of section two hundred two-b of this article. * NB Effective until December 31, 2012 * 1. An agency may, in its discretion, submit to the secretary of state, for publication in the first regular issue of the state register published during the months of January, May and September, a regulatory agenda to afford the agency an opportunity to solicit commentsconcerning any rule which the agency is considering proposing, but for which no notice of proposed rule making has been submitted pursuant to subdivision one of section two hundred two of this chapter. A regulatory agenda shall be comprised of summaries of such rules. Each summary shall, in less than two thousand words, contain, in so far as practicable: (a) a description of the rule which the agency is considering; (b) a citation to the statutory authority, including particular sections and subdivisions, which authorizes the rule; (c) a schedule of the dates for hearings, meetings or other opportunities for public participation in the development of the rule, if any; (d) the probable date on which the agency anticipates submitting, pursuant to section two hundred two of this chapter, a notice of proposed rule making for such rule if known; (e) the name, public office, address and telephone number of the agency representative, knowledgeable on such rule, from whom any information may be obtained and to whom written comments may be submitted concerning such rule; and (f) any other information which the agency determines will serve the public interest. * NB Effective December 31, 2012 * 2. Nothing in this section shall: (a) preclude an agency from adopting a rule for which a summary has not appeared in a regulatory agenda or from adopting a rule different than one summarized in a regulatory agenda; provided, however, that if a rule is proposed by an agency required to submit a regulatory agenda pursuant to subdivision one of this section on a matter not included in a regulatory agenda, the proposing agency shall indicate in the notice of proposed rule making that the rule was not under consideration at the time the regulatory agenda was submitted for publication; or (b) require an agency to adopt a rule for which a summary has appeared in a regulatory agenda. * NB Effective until December 31, 2012 * 2. Nothing in this section shall: (a) preclude an agency from adopting a rule for which a summary has not appeared in a regulatory agenda or from adopting a rule different than one summarized in a regulatory agenda; or (b) require an agency to adopt a rule for which a summary has appeared in a regulatory agenda. * NB Effective December 31, 2012 3. The secretary of state shall adopt rules necessary for the publication of regulatory agendas, including but not limited to standard forms to be used for the submission of regulatory agendas, a schedule prescribing when such agendas must be submitted for publication, and any identification number system.
§ 202-d. Regulatory agenda. * 1. (a) The departments of health, education, insurance, environmental conservation, labor, banking, agriculture and markets, motor vehicles and state, the offices of children and family services and temporary and disability assistance, and the division of housing and community renewal and the workers' compensation board and any other department specified by the governor or his designee shall, and any other agency may, in its discretion, submit to the secretary of state, for publication in the first regular issue of the state register published during the month of January and the last regular issue of the state register published in June, a regulatory agenda to afford the agency an opportunity to solicit comments concerning any rule which the agency is considering proposing, but for which no notice of proposed rule making has been submitted pursuant to subdivision one of section two hundred two of this article. (b) A regulatory agenda shall be comprised of a list and brief description of subject matter being considered for rule making and the name, public office, address and telephone number of the agency representative, knowledgeable on such regulatory agenda, from whom any information may be obtained and to whom written comments may be submitted concerning such regulatory agenda. An e-mail address for requests for information and submission of comments may also be included. (c) Agencies shall publish the regulatory agendas on their respective websites whenever feasible. An agency that publishes its regulatory agenda on its website shall have the option of maintaining a continuously updated regulatory agenda, wherein a description of a rule is added when the agency begins to consider proposing it and is removed when the agency is no longer considering proposing it. Such description shall identify the date on which the description is first listed in the regulatory agenda and shall conspicuously indicate that the description has been newly listed for a period of not less than thirty days after such date. In any year that an agency maintains a continuously updated regulatory agenda, it shall not be required to publish a regulatory agenda in the last regular issue of the state register in June. The agency shall inform the public that it maintains an updated regulatory agenda on its website and shall list the address of its website in a notice published with the regulatory agenda such agency submits for publication in January. The secretary of state shall republish this notice in the last regular issue in June. (d) An agency shall identify each rule described in its regulatory agenda for which a regulatory flexibility analysis or a rural area flexibility analysis may be required, and shall provide outreach as appropriate to potentially affected small businesses, local governments and public and private interests in rural areas. Such outreach may include solicitation of input from potentially affected parties through electronic means or through any of the activities listed in subdivision six of section two hundred two-b and subdivision seven of section two hundred two-bb of this article. In addition, the agency shall provide a copy of the description of each rule subject to the provisions of this paragraph to the governor's office of regulatory reform, which may in its discretion include the description and additional information on the rule in the quarterly report issued pursuant to subdivision eight of section two hundred two-b of this article. * NB Effective until December 31, 2012 * 1. An agency may, in its discretion, submit to the secretary of state, for publication in the first regular issue of the state register published during the months of January, May and September, a regulatory agenda to afford the agency an opportunity to solicit commentsconcerning any rule which the agency is considering proposing, but for which no notice of proposed rule making has been submitted pursuant to subdivision one of section two hundred two of this chapter. A regulatory agenda shall be comprised of summaries of such rules. Each summary shall, in less than two thousand words, contain, in so far as practicable: (a) a description of the rule which the agency is considering; (b) a citation to the statutory authority, including particular sections and subdivisions, which authorizes the rule; (c) a schedule of the dates for hearings, meetings or other opportunities for public participation in the development of the rule, if any; (d) the probable date on which the agency anticipates submitting, pursuant to section two hundred two of this chapter, a notice of proposed rule making for such rule if known; (e) the name, public office, address and telephone number of the agency representative, knowledgeable on such rule, from whom any information may be obtained and to whom written comments may be submitted concerning such rule; and (f) any other information which the agency determines will serve the public interest. * NB Effective December 31, 2012 * 2. Nothing in this section shall: (a) preclude an agency from adopting a rule for which a summary has not appeared in a regulatory agenda or from adopting a rule different than one summarized in a regulatory agenda; provided, however, that if a rule is proposed by an agency required to submit a regulatory agenda pursuant to subdivision one of this section on a matter not included in a regulatory agenda, the proposing agency shall indicate in the notice of proposed rule making that the rule was not under consideration at the time the regulatory agenda was submitted for publication; or (b) require an agency to adopt a rule for which a summary has appeared in a regulatory agenda. * NB Effective until December 31, 2012 * 2. Nothing in this section shall: (a) preclude an agency from adopting a rule for which a summary has not appeared in a regulatory agenda or from adopting a rule different than one summarized in a regulatory agenda; or (b) require an agency to adopt a rule for which a summary has appeared in a regulatory agenda. * NB Effective December 31, 2012 3. The secretary of state shall adopt rules necessary for the publication of regulatory agendas, including but not limited to standard forms to be used for the submission of regulatory agendas, a schedule prescribing when such agendas must be submitted for publication, and any identification number system.
