N.Y. Comp. Codes R. & Regs. tit. 9 § 588.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 588.1 - Rule making procedure

(a) Prior to the adoption, amendment, suspension or repeal of any rule, the agency shall:

(1) consult with the Adirondack Park local government review board;

(2) give notice of public hearing, which shall contain the matters required by section 202(1)(c) of the State Administrative Procedure Act:

(i) by publication, at least once in a newspaper of general circulation in each county wholly or partially within the park and in at least three metropolitan areas of the State, by publication in such trade, industry or professional publications as the agency may select and in the State Register authorized by section 146 of the Executive Law;

(ii) by mail to the clerk of each county and each local government wholly or partially within the park, to the chairmen of all local government, county and regional planning agencies having jurisdiction in the park, and to any person or agency filing a written request to receive such notice, such request to be renewed yearly in December;

(iii) to such other persons and by such other procedures as may be required by law or as the agency in its discretion may choose to give;

(3) comply with the notice and filing requirements of section 101-a (2) and section 102 (2) of the Executive Law and section 203 of the State Administrative Procedure Act.

(b) Nothing in this section shall prevent the agency from immediate adoption, amendment, suspension or repeal of a rule as an emergency measure, as authorized by and in accordance with the procedures required by section 202(1)(d) or section 202(2)(c) of the State Administrative Procedure Act.

(c) For the convenience of the public, the agency may hold two or more hearings simultaneously.

(d) Upon the adoption, amendment, suspension or repeal of any rule, the agency shall publish notice of the action taken in the State Register pursuant to section 202(3) of the State Administrative Procedure Act.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 588.1