N.Y. Comp. Codes R. & Regs. tit. 9 § 588.2

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

Section 588.2 - Declaratory rulings

(a) On petition of any person, submitted in accordance with this section, the agency may issue a declaratory ruling with respect to the applicability to any person, property, or state of facts of any rule or statute enforceable by it.

(b) The petition shall be submitted to the executive director of the agency at its headquarters in Ray Brook, N.Y. and shall:

(1) state with particularity the pertinent facts bearing on the matter;

(2) demonstrate a sufficient interest in the need, or good cause for, the issuance of the declaratory ruling;

(3) state the names and addresses of any other persons whose interests are reasonably likely to be affected by the ruling.

(c) The petitioner may state his position with respect to the ruling desired, and may present statutory references and argument in respect thereto.

(d) The submission of a petition for a declaratory ruling by a landowner with respect to a statement of facts alleged to exist on his land shall be considered a consent to verification of the facts by agency staff, and to entrance upon said lands after reasonable notice for the purpose of undertaking such investigations, examination, survey or other activity necessary to determine the petition.

(e) The agency may refuse to issue a declaratory ruling if it is unable to obtain sufficient information to enable it to decide the issues presented.

(f) Declaratory rulings may be issued by the executive director, or may be referred by him to the operations, regional planning, legal affairs, or other agency committee, which may issue the ruling or may refer it to the full agency at its next scheduled meeting.

(g) A declaratory ruling shall be subject to review pursuant to article 78 of the Civil Practice Law and Rules.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 588.2