3/2/11 N.Y. St. Reg. COR-09-11-00004-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
This is a consensus rule making to repeal section 100.110 of Title 7 NYCRR.
Statutory authority:
Correction Law, section 70
Subject:
Lyon Mountain Correctional Facility.
Purpose:
To remove the reference to a correctional facility that is no longer in operation.
Text of proposed rule:
The Department of Correctional Services repeals and reserves section 100.110 of Title 7 NYCRR.
Text of proposed rule and any required statements and analyses may be obtained from:
Maureen E. Boll, Deputy Commissioner and Counsel, New York State Department of Correctional Services, 1220 Washington Avenue - State Campus - Building 2, Albany, NY 12226-2050, (518) 457-4951, email:
Rules@Docs.state.ny.usData, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Consensus Rule Making Determination
The Department of Correctional Services has determined that no person is likely to object to the proposed action. The repeal of this section removes the reference to a correctional facility that is no longer in operation. Since the facility is no longer in operation the reference to it in the regulations is no longer applicable to any person. See SAPA section 102(11)(a).
The Department’s authority resides in section 70 of Correction Law, which mandates that each correctional facility must be designated in the rules and regulations of the Department and assigns the Commissioner the duty to classify each facility with respect to the type of security maintained and the function as specified. See Correction Law § 70(6).
A job impact statement is not submitted because this proposed rulemaking is removing the reference to a Correctional Facility that was closed in accordance with the law; since the correctional facility is no longer in operation the removal of the reference to it has no adverse impact on jobs or employment opportunities.
