N.Y.
State Administrative Procedure Act Law Section 207
Review of existing rules
1.
(a) Unless the contrary is specifically provided by paragraph (b) of this subdivision or by another law, any rule which is adopted on or after the effective date of this section shall be reviewed in the calendar year specified in the notice of adoption for the rule, provided that at a minimum every rule shall be initially reviewed no later than in the fifth calendar year after the year in which the rule is adopted, and, thereafter, every rule shall be re-reviewed at five-year intervals.(b)
For any rule for which a regulatory flexibility analysis, rural area flexibility analysis or job impact statement is required, the initial review shall occur no later than in the third calendar year after the year in which the rule is adopted; provided, however, that the agency may propose a different review period in such analysis or statement, along with its justification for doing so, and shall invite public comment thereon. The review period specified for the rule and an assessment of any comments on this issue shall accompany the notice of adoption.2.
An agency shall submit for publication in the regulatory agenda published in January pursuant to § 202-D (Regulatory agenda)section two hundred two-d of this article a list of the rules which must be reviewed pursuant to subdivision one of this section in the ensuing calendar year. In addition to the information required by such section two hundred two-d, for each rule so listed the agency shall provide an analysis of the need for and legal basis of such rule, shall invite public comment on the continuation or modification of the rule and shall indicate the last date for submission of comments which shall be not less than forty-five days from the date of publication. An agency shall also publish the list of rules that must be reviewed pursuant to this section on its website. If the original notice of proposed rule making for a listed rule required the preparation of a regulatory flexibility analysis, a rural area flexibility analysis, or a job impact statement, the agency shall so indicate and shall provide outreach as appropriate to potentially affected small businesses, local governments and public and private interests in rural areas that the rule is being reviewed. Such outreach may include solicitation of input 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.3.
If an agency determines that a rule subject to the provisions of this section should be modified, it shall publish a notice of proposed rule making for such rule, which, in addition to the information otherwise required by this article, shall include a statement setting forth a reasoned justification for modification of the rule and an assessment of public comments, prepared in accordance with subdivision four-a of § 202 (Rule making procedure)section two hundred two of this article, which were submitted to the agency in response to the listing of the rule in the regulatory agenda. Where appropriate, the agency shall also include in its statement a discussion of the degree to which changes in technology, economic conditions, time required to comply, or other factors in the area affected by the rule necessitate changes in the rule.4.
If an agency determines that a rule subject to the provisions of this section should continue without modification, it shall publish a notice to that effect, which shall identify the rule and the statutory authority for the rule, and include a statement setting forth a reasoned justification for continuation of the rule without modification and an assessment of public comments, prepared in accordance with subdivision four-a of § 202 (Rule making procedure)section two hundred two of this chapter, which were submitted to the agency in response to the listing of the rule in the regulatory agenda.5.
This section shall not apply to any rule which was adopted as a consensus rule or as a minor, obsolete or invalid rule, or to a rule defined in subparagraph (ii) of paragraph (a) of subdivision two of § 102 (Definitions)section one hundred two of this chapter.
Source:
Section 207 — Review of existing rules, https://www.nysenate.gov/legislation/laws/SAP/207 (updated Apr. 10, 2020; accessed Oct. 26, 2024).
