Rule Making Process
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LEGISLATURE
The New York State Legislature passes statute that grants
authority to a state agency to promulgate rules and regulations.
The Administrative Regulations Review Commission (ARRC) reviews
each newly proposed rule to examine issues of compliance with legislative
intent, as well as the impact on the economy and affected parties.
Public comment on any regulatory matter can be sent to the Commission,
at:
ARRC
State Capitol
Albany, NY 12247
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STATE AGENCY
Writes proposed rule.
Prepares a Regulatory Impact Statement to address the impact
on regulated parties, as well as a Regulatory Flexibility Analysis
for Small Businesses and Local Governments, Rural Area Flexibility
Analysis and Job Impact Statement.
Obtains approval to proceed from the Executive Chamber.
Submits the proposed rule, with accompanying statements,
to the Department of State for publication in the New York State
Register; submits copies to ARRC and legislative leaders.
Considers public comment for a required statutory period
of time (minimum of 45 or 60 days, depending on situation). If substantial
changes are required, submits a revised notice for publication in
the Register, initiating another (30-day) comment period.
Adopts the final rule.
Files text of adopted rule with the Department of State’s
Division of Administrative Rules, with an Assessment of Public Comment.
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PUBLIC COMMENT
The public has an opportunity to comment on proposed rules by providing testimony
at public hearings or by writing directly to the agency |
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EXECUTIVE REVIEW
The Executive Chamber reviews proposed
rules for necessity, clarity, consistency and efforts to reduce
burdensome effects.
The Chamber may extend the comment period, require an agency to provide more
information or require a public hearing.
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The full text of the rule is filed with the Department
of State.
A Notice of Adoption is published in the New York State
Register to provide public notice that a new or amended rule has
been adopted. Generally, a rule is effective when the Notice of
Adoption appears in the Register. Readers track proposed actions
by referencing the “Action
Pending Index” each week.
The complete, official text of the new rule is published in
the semi-monthly supplementation to the NYCRR. Subscribers may purchase
the NYCRR by volume, Title or as a full set by calling West Group.
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