9/1/10 N.Y. St. Reg. OMH-35-10-00024-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 Part 510 of Title 14 NYCRR.
Statutory authority:
Mental Hygiene Law, sections 7.09 and 33.02; Public Officers Law (Freedom of Information Law), art. 6
Subject:
Correction of inaccurate address in existing regulation.
Purpose:
To correct the address of the Department of State, Committee on Open Government.
Text of proposed rule:
Subdivision (c) of section 510.10 of Title 14 NYCRR is amended to read as follows:
(c) Upon receipt of transmittal by the Office of Mental Health, copies of all appeals and related determinations shall be forwarded to the Committee on Open Government, Department of State, [41 State Street] One Commerce Plaza, 99 Washington Avenue, Albany, New York 12231.
Text of proposed rule and any required statements and analyses may be obtained from:
Joyce Donohue, NYS Office of Mental Health, 44 Holland Avenue, Albany, NY 12229, (518) 474-1441, email:
cocbjdd@omh.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
This rulemaking is filed as a Consensus rule on the grounds that its purpose is to make a technical correction and is non-controversial. No person is likely to object to this rulemaking since it merely corrects an inaccurate address for another State agency. The address currently listed in regulation for the Department of State is no longer correct as that agency moved to a new location in February, 2008. The rule clarifies the proper address for the Department of State, Committee on Open Government.
Statutory Authority: Section 7.09 of the Mental Hygiene Law authorizes the Commissioner of the Office of Mental Health to adopt regulations that are necessary and proper to implement matters under his or her jurisdiction. Section 33.02 of the Mental Hygiene Law establishes statutory rights of persons with mental disabilities and requires the Commissioner to publish regulations informing residents of facilities or programs operated or licensed by the Office of Mental Health of their rights under law. Article 6 of the Public Officers Law (Freedom of Information Law) establishes the criteria under which the public may access the records related to the process of governmental decision making.
A Job Impact Statement is not submitted with this Notice because it merely corrects an inaccurate address in existing regulation. It is obvious from the nature of this rule that there will be no impact on jobs and employment opportunities as a result of this rulemaking.
