7/10/13 N.Y. St. Reg. CCS-28-13-00013-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 amend sections 1010.4(c), (e), 1010.7, 1010.8(a), (b) and (c) of Title 7 NYCRR.
Statutory authority:
Correction Law, section 112
Subject:
Contraband Drugs.
Purpose:
To make technical changes that include referencing an additional test that is available within the current NIK testing tool.
Text of proposed rule:
See Appendix in this issue of the Register.
Text of proposed rule and any required statements and analyses may be obtained from:
Maureen E. Boll, Deputy Commissioner and Counsel, NYS Department of Corrections and Community Supervision, Harriman State Campus - Building 2 - 1220 Washington Avenue, Albany, NY 12226-2050, (518) 457-4951, email:
Rules@DOCCS.ny.govData, 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 Corrections and Community Supervision has determined that no person is likely to object to the proposed action. Amendments to Part 1010 are being made to include a reference to the appropriate Departmental directives regarding the securing of contraband/evidence and the reporting a positive test for suspected contraband drugs. The attached forms have been updated with the current agency name and references to an additional test now available for the existing testing system has been included. As such, the Department considers these changes to be technical or non-controversial in nature. See SAPA section 102(11)(c).
The Department’s authority resides in section 112 of Correction Law, which authorizes the Commissioner to promulgate rules and regulations for the management and control of the Department’s correctional facilities. See Correction Law § 112(1).
Job Impact Statement
A job impact statement is not submitted because this proposed rulemaking is updating citations, updating the agency name and adding reference to a new test available within the existing testing system. Therefore, it has no adverse impact on jobs or employment opportunities.
