N.Y. SAP Law § 207 — New York Code / Act SAP / Article 2 / Section 207
Review of existing rules
Status: in_force

§ 207. Review of existing rules. 1. (a) Unless the contrary is\nspecifically provided by paragraph (b) of this subdivision or by another\nlaw, any rule which is adopted on or after the effective date of this\nsection shall be reviewed in the calendar year specified in the notice\nof adoption for the rule, provided that at a minimum every rule shall be\ninitially reviewed no later than in the fifth calendar year after the\nyear in which the rule is adopted, and, thereafter, every rule shall be\nre-reviewed at five-year intervals.\n  (b) For any rule for which a regulatory flexibility analysis, rural\narea flexibility analysis or job impact statement is required, the\ninitial review shall occur no later than in the third calendar year\nafter the year in which the rule is adopted; provided, however, that the\nagency may propose a different review period in such analysis or\nstatement, along with its justification for doing so, and shall invite\npublic comment thereon. The review period specified for the rule and an\nassessment of any comments on this issue shall accompany the notice of\nadoption.\n  2. An agency shall submit for publication in the regulatory agenda\npublished in January pursuant to section two hundred two-d of this\narticle a list of the rules which must be reviewed pursuant to\nsubdivision one of this section in the ensuing calendar year. In\naddition to the information required by such section two hundred two-d,\nfor each rule so listed the agency shall provide an analysis of the need\nfor and legal basis of such rule, shall invite public comment on the\ncontinuation or modification of the rule and shall indicate the last\ndate for submission of comments which shall be not less than forty-five\ndays from the date of publication. An agency shall also publish the list\nof rules that must be reviewed pursuant to this section on its website.\nIf the original notice of proposed rule making for a listed rule\nrequired the preparation of a regulatory flexibility analysis, a rural\narea flexibility analysis, or a job impact statement, the agency shall\nso indicate and shall provide outreach as appropriate to potentially\naffected small businesses, local governments and public and private\ninterests in rural areas that the rule is being reviewed. Such outreach\nmay include solicitation of input through electronic means or through\nany of the activities listed in subdivision six of section two hundred\ntwo-b and subdivision seven of section two hundred two-bb of this\narticle.\n  3. If an agency determines that a rule subject to the provisions of\nthis section should be modified, it shall publish a notice of proposed\nrule making for such rule, which, in addition to the information\notherwise required by this article, shall include a statement setting\nforth a reasoned justification for modification of the rule and an\nassessment of public comments, prepared in accordance with subdivision\nfour-a of section two hundred two of this article, which were submitted\nto the agency in response to the listing of the rule in the regulatory\nagenda. Where appropriate, the agency shall also include in its\nstatement a discussion of the degree to which changes in technology,\neconomic conditions, time required to comply, or other factors in the\narea affected by the rule necessitate changes in the rule.\n  4. If an agency determines that a rule subject to the provisions of\nthis section should continue without modification, it shall publish a\nnotice to that effect, which shall identify the rule and the statutory\nauthority for the rule, and include a statement setting forth a reasoned\njustification for continuation of the rule without modification and an\nassessment of public comments, prepared in accordance with subdivision\nfour-a of section two hundred two of this chapter, which were submitted\nto the agency in response to the listing of the rule in the regulatory\nagenda.\n  5. This section shall not apply to any rule which was adopted as a\nconsensus rule or as a minor, obsolete or invalid rule, or to a rule\ndefined in subparagraph (ii) of paragraph (a) of subdivision two of\nsection one hundred two of this chapter.\n