September 22, 1998
Honorable Alexander Treadwell
Secretary of State
NYS Department of State
41 State Street, 9th Floor
Albany, NY 12231
Dear Mr. Treadwell:
I am writing to bring you up to date on four developments affecting rulemaking procedures. One involves a recent statutory change, and three are administrative refinements under Executive Order No. 20. Most of these changes stem from ideas and comments we have received from agencies, and we encourage you to bring ideas for improving rulemaking and Executive Order No. 20 procedures to our attention.
The first concerns Chapter 210, Laws of 1998 which enacted an expedited procedure for the promulgation of "consensus" rules, effective October 1, 1998. The new consensus rule procedure replaces the procedure that currently applies to minor, obsolete and invalid rules. My office has exempted minor, obsolete and invalid rules from review before proposal under Governor Pataki’s Executive Order No. 20. I have determined that prior review of proposed consensus rules under Chapter 210, Laws of 1998 also lacks a substantial benefit and so I hereby exempt them from any otherwise required Executive Order No. 20 review before publication. Unless an agency is otherwise notified, GORR will review such proposed consensus rules only after they have been published in the State Register. Please submit such proposed rules to us when you submit them for publication.
Secondly, besides this pre-proposal review exemption for consensus rules, I have determined that prior review under the Executive Order of technical amendments as referred to in State Administrative Procedure Act §202-a(5) lacks a substantial public benefit. Therefore, agencies may also submit such proposed technical amendments to GORR for review when they are submitted for publication in the State Register.
Third, we have revised the Notice of Intent form that we require agencies to use when they submit rules to us for review. I am enclosing a copy of the revised form, dated August 1998, and ask your agency to begin using it as soon as possible. The new form should be easier to fill out and will improve GORR’s ability to process rules in a timely manner.
Finally, we have successfully tested diskette submittals of rulemaking packages from several agencies. This procedure replaces time-consuming and unwieldy paper submittals and allows agencies to submit revisions to documents more easily. We are now offering to all agencies the ability to make their submittals of rules requiring Executive Order No. 20 review on diskettes. I am enclosing instructions about how to use this new system. If you are interested in using the system, please contact the GORR staff member assigned to your agency to discuss any questions you may have and request a diskette that contains the most current State Register rulemaking forms and the new Notice of Intent form. If you are not sure who your agency’s contact in GORR is, please call our general number and we will route you to the appropriate person. We are also exploring the feasibility of E-mail submittals, and plan in the future to move entirely to paperless submittals.
I hope this information is helpful to you. If you have any questions or comments, please feel free to call us.
/s/ David S. Bradley
David S. Bradley
cc: Frank P. Milano, Esq. w/enclosures