2/10/10 N.Y. St. Reg. PKR-39-09-00004-A
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Addition of Part 465 to Title 9 NYCRR.
Statutory authority:
Parks, Recreation and Historic Preservation Law, sections 3.09(3), (5), (6), (8), (9), (10) and (16)
Subject:
The Summer Empire State Games—an annual multi-sport recreational event conducted by OPRHP primarily for young athletes.
Purpose:
To clarify the procedures and requirements for participating in the Summer Empire State Games.
Substance of final rule:
The Office of Parks, Recreation and Historic Preservation (OPRHP) is proposing to add a new Subchapter C entitled "Empire State Games" and a new Part 465 "Summer Empire State Games" to Chapter VI of Subtitle I of Title 9 NYCRR. The largest competition of its kind in the nation, the Summer Games is a multi-sport event for amateur athletes, primarily New York State youths. It is patterned after the Olympic program. Following regional trials in each of six State regions, thousands of athletes participate in finals competitions.
Section 465.1 describes the purpose of the Summer Empire State Games (ESG) which is to promote the:
public health and welfare of New York residents by encouraging wholesome amateur athletic competition particularly for youths; providing opportunities and incentives to improve amateur athletics; publicly recognizing dedicated amateur athletes; showcasing the different regions of the State; providing economic benefits to the host community; and, fostering and encouraging volunteerism.
The purpose of the proposed regulation is to clarify and standardize procedures and participation requirements.
Section 465.2 defines agency, applicant, finals, region, regional trial, resident or residency, roster, and summer ESG.
Section 465.3 outlines the general eligibility requirements.
Section 465.4 outlines the age-eligibility requirements and the sports-specific eligibility requirements for the scholastic and open divisions.
Section 465.5 outlines the age-eligibility requirements and the sports-specific eligibility requirements for the masters division.
Section 465.6 describes the code of conduct.
Section 465.7 describes the sanctions of non-participation or return of goods or awards.
Section 465.8 contains the severability language.
Final rule as compared with last published rule:
Nonsubstantive changes were made in section 465.7(b).
Text of rule and any required statements and analyses may be obtained from:
Kathleen L Martens, NYS Office of Parks, Recreation and Historic Preservation, Empire State Plaza, Agency Building 1, 19th Floor, Albany, NY 12238, (518) 486-2921, email:
rulemaking@oprhp.state.ny.usRevised Job Impact Statement
The existing rule does not affect jobs or employment opportunities and its repeal would not affect jobs or employment opportunities.
Assessment of Public Comment
The agency received no public comment.
