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REVIEW OF RULES
DEPARTMENT OF STATE
FIVE YEAR REVIEW OF RULES ADOPTED BY THE DEPARTMENT OF STATE IN CALENDAR YEAR 2008 REQUIRED TO BE REVIEWED IN CALENDAR YEAR 2013; FURTHER REVIEW OF RULES ADOPTED BY THE DEPARTMENT OF STATE IN CALENDAR YEAR 2003 REQUIRED TO BE RE-REVIEWED IN CALENDAR YEAR 2013; AND FURTHER REVIEW OF RULES ADOPTED BY THE DEPARTMENT OF STATE IN CALENDAR YEAR 1998 REQUIRED TO BE RE-REVIEWED IN CALENDAR YEAR 2013
As required by section 207 of the State Administrative Procedure Act (SAPA), the following list of rules, adopted by the Department of State in calendar year 2008, must be reviewed in calendar year 2013. This list does not include rules that: were originally adopted as consensus rules, subsequently have been amended, have been repealed. The original Notices of Proposed Rulemaking for all of the listed rules required the preparation of a Regulatory Flexibility Analysis, Rural Area Flexibility Analysis, or Job Impact Statement. Public comment on the continuation or modification of these rules is invited and will be accepted until February 20, 2013. Comments may be submitted to the contact person at the end of this Notice.
RULES ADOPTED IN 2008
(1) DOS-47-07-00018 Manufactured Homes
Added Part 1210 to Title 19 NYCRR
Analysis of the need for the rule: The rule was needed to implement Article 21-B of the Executive Law regarding warranty seal, certifications, and dispute resolutions concerning construction, installation, and servicing of manufactured homes.
Legal basis for the rule: Executive Law, section 604
(2) DOS-49-07-00003 Continuing Education for Hearing Aid Dispensers
Amended Section 192.7 of Title 19 NYCRR
Analysis of the need for the rule: The rule was needed to require registered dispensers of hearing aids to complete continuing education requirements on infection control and professional conduct.
Legal basis for the rule: General Business Law, section 803
(3) DOS-30-08-0012 Local Government Efficiency Grant Program
Added Part 815 to Title 19 NYCRR
Analysis of the need for the rule: The rule was needed to establish criteria and eligibility requirements for local government efficiency awards program.
Legal basis for the rule: State Finance Law, section 54(10)
(4) DOS-32-08-00006 Fire Alarm and Security Systems
Amended Sections 196.1, 196.2, 196.8, & 196.10 of Title 19 NYCRR
Analysis of the need for the rule: The rule was needed to add a qualifying educational module for licensure to install, service or maintain security or fire alarm systems.
Legal basis for the rule: General Business Law, section 69-n
RULES ADOPTED IN 2003
As also required by section 207 of SAPA, the following rule, adopted by the Department of State in calendar year 2003, must be re-reviewed in calendar year 2013. This list does not include rules that: were originally adopted as consensus rules, subsequently have amended, have been repealed. The original Notice of Proposed Rulemaking for the listed rule required the preparation of a Regulatory Flexibility Analysis, Rural Area Flexibility Analysis, and Job Impact Statement. Public comment on the continuation or modification of the rule is invited and will be accepted until February 20, 2013. Comments may be submitted to the contact person at the end of this Notice.
(1) DOS-53-02-00019 Continuing Education for Real Estate Brokers and Salespeople
Amended Part 177 of Title 19 NYCRR
Analysis of the need for the rule: The rule was needed to update the continuing education rules and to provide for computer-based and distance learning.
Legal basis for the rule: Real Property Law, section 441(3)
RULES ADOPTED IN 1998
As further required by section 207 of SAPA, the following list of rules, adopted by the Department of State in calendar year 1998, must be reviewed in calendar year 2013. This list does not include rules that: were originally adopted as consensus rules, subsequently have been amended, have been repealed. The original Notices of Proposed Rulemaking for all of the listed rules required the preparation of a Regulatory Flexibility Analysis, Rural Area Flexibility Analysis, or Job Impact Statement. Public comment on the continuation or modification of these rules is invited and will be accepted until February 20, 2013. Comments may be submitted to the contact person at the end of this Notice.
(1) DOS-41-98-00001 Trademarks and Service Marks
Added Part 140 to Title 19 NYCRR
Analysis of the need for the rule: The rule was needed to provide information and instruction to those who file trademarks and service marks with this Department.
Legal basis for the rule: Executive Law, section 91; General Business Law, sections 360-i & 360-q
(2) DOS-11-98-00003 Filing Rule Technical Amendments
Amended Parts 145, 150, 154 and 155 of Title 19 NYCRR
Analysis of the need for the rule: The rule was needed to: eliminate references to certain technologies, conform provisions to statutory changes, and reflect filing practices in this Department’s Division of Corporations.
Legal basis for the rule: Executive Law, section 91
(3) DOS-11-98-00002 Corporation Names
Added Part 156 to Title 19 NYCRR
Analysis of the need for the rule: The rule was needed to modernize the naming rule for business organizations.
Legal basis for the rule: Executive Law, section 91
(4) DOS-14-98-00004 Continuing Education for Real Estate Appraisers
Added Part 1107 to Title 19 NYCRR
Analysis of the need for the rule: The rule was needed to implement statutory continuing education requirements.
Legal basis for the rule: Executive Law, section 160-t
(5) DOS-46-97-00004 State Academy of Fire Sciences
Amended Part 452 of Title 19 NYCRR
Analysis of the need for the rule: The rule was needed to more closely align fees charged to the State’s actual costs.
Legal basis for the rule: Executive Law, section 156
(6) DOS-26-97-00019 Filing of Local Laws
Added new Part 130 to Title 19 NYCRR
Analysis of the need for the rule: The rule was needed to simplify and clarify filing procedures.
Legal basis for the rule: Executive Law, section 91
Comments on any item appearing in the above Notice of Rule Review of the Department of State may be submitted to: David Treacy, Esq., Office of General Counsel, New York State Department of State, One Commerce Plaza, 99 Washington Avenue, Suite 1120, Albany, New York 12231-0001, (518) 474-6740; David.Treacy@dos.ny.gov. This Regulatory Agenda is scheduled for publication in the January 2, 2013 Issue of the New York State Register and is posted on the Department’s website at: www.dos.ny.gov.
