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 Parts 260, 261 and 263 of Title 19 NYCRR.
Statutory authority:
Executive Law, sections 91, 102(2) and 146(6)
Subject:
Rule Making.
Purpose:
To remove outdated regulations and add reference to E-file process for rule making.
Text of proposed rule:
The opening paragraph of section 260.1 is amended as follows:
260.1 Notices to be published in the State Register.
The notices to be published in the State Register in relation to rule making actions under the provisions of the State Administrative Procedure Act, notices required by other statute and any other types of notices published at the discretion of the Secretary of State include, but are not limited to, the following:
Section 260.2(a)-(b) are amended as follows:
(a) Notices submitted shall contain such information as is prescribed in the State Administrative Procedure Act, [in a form as near as practicable to the model notices prescribed by the Secretary of State and] utilizing the forms and formats published on the Department of State's [web site at "http://www. dos.state.ny.us". The model notices are also available from the Division of Administrative Rules of the Department of State. The Department of State may, from time to time, revise the models] website.
(b) The department may, at its own discretion, accept a notice(s) for publication in the State Register in a format other than that prescribed by the Secretary of State.
Section 260.2(d)-(f) are repealed and new subdivision (d) is added as follows:
(d) Typing text attachments. Minimal formatting is to be used. Text attachments should include only one font and one type size.
Section 260.2(g) is re-lettered 260.2(e)
Section 260.4 is amended as follows:
(a) In all instances, an agency must submit the proper notice with applicable attachments. [Attachments must be typed in scannable format. The original signature of the preparer must be on the form. Submit the original form plus one additional copy.]
(b) [Incomplete forms and nonscannable text attachments will be cause for rejection of the notice.] Rule making notices should be e-filed via the department's website.
(c) [Notices] Non rule making notices may be e-mailed, hand-delivered or mailed.
(1) Hand-delivered or mailed notices [or express mail] must be delivered to the Division of Administrative Rules, NYS Department of State, One Commerce Plaza, 99 Washington Avenue, Suite 650, Albany, NY 12231-0001.
[(2) Notices submitted by mail must be addressed to the Division of Administrative Rules, NYS Department of State, One Commerce Plaza, 99 Washington Avenue, Suite 650, Albany, NY 12231-0001.]
Section 260.6(c) and (d) are amended as follows:
(c) When submitting a regulatory agenda to the State Register for publication, a State agency must use the proper format as prescribed by the Secretary of State and published on the Department of State's [web site at "http://www.dos.state.ny.us."] website. This format is also available from the Division of Administrative Rules of the Department of State.
(d) The deadlines for submitting regulatory agendas for publication in the State Register will be the Tuesday 15 days prior to the Wednesday publication date. Deadline dates will be published on the Department of State's [web site at http://www.dos.state.ny.us] website and also will be provided upon request by the Division of Administrative Rules of the Department of State.
The title of Part 261 is amended as follows:
Requirements for filing adopted rules
Section 261.1 is amended as follows:
[Rules submitted for filing may be hand-delivered or mailed.
(a)] Hand-delivered or mailed [rules or rules delivered by express mail] documents must be delivered to the Division of Administrative Rules, NYS Department of State, One Commerce Plaza, 99 Washington Avenue, Suite 650, Albany, NY 12231-0001.
[(b) Rules submitted by mail must be addressed to the Division of Administrative Rules, NYS Department of State, One Commerce Plaza, 99 Washington Avenue, Suite 650, Albany, NY 12231-0001.]
Section 261.2 is repealed and a new section 261.2 is added as follows:
(a) When e-filing adopted rules, attach to the rule making form a scanned image of the signed certification prepared on your agency's letterhead in accordance with section 261.3 of this Part along with the text of the rule. If applicable, submit two copies of the referenced material prepared in accordance with section 261.6 of this Part.
(b) Hard copy, prepared on agency letterhead, may be submitted in lieu of the scanned certification.
Section 261.6(c)(1) is amended as follows:
(c)(1) An agency may submit photocopies or similar reproductions on paper of the referenced material in lieu of the original publication. However, the Secretary of State requires, as a condition to filing such copies, that the agency compile, prepare and certify, in a manner acceptable to the Secretary, that such copies are true copies and that their reproduction has not violated any copyright. Incorporation by Reference certification forms are on the Department of State's website [at "http://www.dos.state.ny.us"] and are also available from the Division of Administrative Rules of the Department of State.
Section 263.1 is repealed.
Section 263.2(b) is amended as follows:
(b) [Material submitted for publication in the State Register may be hand-delivered or mailed.]Rule making notices should be E-filed using the application available through the department's website.
(c) Any other notice or material that is required by statute to be published in the State Register should be submitted via e-mail to the department's Register mailbox. Instructions are maintained on the department's website.
([1]d) Hand-delivered or mailed material [or material delivered by express mail] must be delivered to the Division of Administrative Rules, NYS Department of State, One Commerce Plaza, 99 Washington Avenue, Suite 650, Albany, NY 12231-0001.
[(2) Material submitted by mail must be addressed to the Division of Administrative Rules, NYS Department of State, One Commerce Plaza, 99 Washington Avenue, Suite 650, Albany, NY 12231-0001.]
Text of proposed rule and any required statements and analyses may be obtained from:
Dave Treacy, Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231-0001, (518) 474-6740
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
This action was not under consideration at the time this agency's regulatory agenda was submitted.
Consensus Rule Making Determination
The intent of the amendment to Title 19, Chapter IX is to remove outdated procedures and add reference to the e-file process for rule making. The Department has considered the proposed amendments to Chapter IX and has determined that this rule making is a consensus rule making within the meaning of section 102(11) of the State Administrative Procedure Act (SAPA), in that no person is likely to object to its adoption because it merely repeals regulatory provisions which are no longer applicable to the rule making process and updates existing practices. The amendments add the flexibility to submit agency certifications electronically or continue to submit hard copy certifications.
Job Impact Statement
The proposed amendment to Title 19, Chapter IX (Rule making) will not have a substantial adverse impact on jobs or employment opportunities. There will be no impact on jobs or employment opportunities as the proposed amendments only impact procedures that state agencies follow to submit rule makings. The intent of the amendments is to remove outdated procedures and add references to the e-file process for rule making.
